Fast-track Approvals Act lack of ability to recover costs

As you are aware, under the Fast-Track Approvals Act 2024 the New Zealand Conservation Authority (the Authority) and relevant Conservation Boards must be invited to comment on applications for wildlife approvals, concessions, conservation covenants, land exchanges and access arrangements.

The Act’s philosophy on cost-recovery is that applicants should cover the costs of entities that have functions, powers or duties under the Act in relation to applications. For some entities this is based on “actual and reasonable costs”, where-as other entities (such as specified Māori groups) are entitled to recover a fee that will be set in regulations.

The Act does not expressly make provision for the Authority or Conservation Boards to cost recover. Section 110 provides that the EPA must pay a contribution to the costs of a third party in accordance with regulations. The definition of “third party” would cover the Authority and Conservation Boards, but we are disappointed to learn that draft regulations being prepared by the Ministry do not presently cover the Authority or Conservation Boards, and that consultation undertaken to date has not included these entities.

In providing comments on an application for any of the five approvals where the Authority and Boards are invited to comment, the Authority and Board will need to spend significant time reviewing the application and supporting documents, considering relevant conservation planning documents and preparing their comments.

They already operate with a very small budget, and it is unfair to expect them to cover the cost of this new function out of their existing budgets. Please consider making provision in Regulations for the Authority and Conservation Boards to cost recover for their time spent on this new function.

The Authority would be happy to assist with estimates of its costs and could also liaise with Conservation Boards to provide information on Boards’ likely costs, if that would assist. This information could be used for targeted consultation (as required by s 110(2)) before the Regulations come into force.