Fast-track approvals: making your comment count

If you have been invited to comment on a fast-track application, you will want to make the most of the opportunity. The fast-track approvals process moves quickly, and Panels operate under significant time pressures with an enormous volume of information. A well-crafted comment can make a real difference to outcomes, but only if it is directed at the right issues and in the right way.

Below, we set out some practical tips to help you prepare comments that are focused, persuasive and useful to the Panel.

What the Panel can (and cannot) consider under the Fast-track process

It can be tempting to use your comments to raise concerns about the fast-track approvals process itself. For example, the compressed timeframes for providing comments, or perceived procedural shortcomings of the process as a whole. The Panel has no power to alter the process set out in the Fast-track Approvals Act 2024. It cannot extend statutory timeframes or redesign procedural requirements. Those matters are fixed by the legislation.

Comments that dwell on criticisms of the process risk being set aside as irrelevant. Instead, direct your comments squarely at the matters the Panel is empowered to consider – any adverse impacts of the proposed project, the severity of those adverse impacts as weighed against any significant regional benefits, and the conditions that should be imposed to address them.

How to structure effective comments on a fast-track application

Panels must work through large volumes of material within tight statutory timeframes. A set of comments that is well-organised and easy to follow is more effective than one that is discursive.

For each concern you raise, we recommend addressing three things:

• The impact (how will the proposal impact you?). Clearly explain the specific impact you are worried about. This may be an environmental effect or some other impact the proposal might have on you or your property. Avoid generalities – be precise about the nature and extent of the concern.
• The evidence (what supports your position?). Substantiate your concern with evidence. This might include expert reports, photographs, monitoring data or factual descriptions. Where opinions diverge between the applicant and any commenters, the Panel will be assisted by persuasive comments that are supported by evidence.
• The condition (what should the Panel require?). Propose a specific condition or set of conditions that would address your concern. Offering practical, workable solutions makes it easier for the Panel to act on your comments. It also demonstrates that your concern is constructive rather than merely oppositional.

Maximising your impact

The fast-track approvals process is designed to enable the efficient delivery of significant projects in New Zealand. The opportunity to comment is an important safeguard within that process, but it is a narrow one. By focusing on what the Panel can control and presenting your concerns in a structured, evidence-based way, you give yourself the best chance of influencing the outcome.

If you have questions about the fast-track process or would like assistance preparing comments, please get in touch with our specialist Environment and Planning Team.

Alice Balme, Partner – Wynn Williams Environment & Planning team

Georgina Lyes, Solicitor – Wynn Williams Environment & Planning team