The Orders in Council allow Waka Kotahi and KiwiRail to apply for concessions on certain lands using a truncated application process, for recovery works.

Agencies need to comply with the conditions set out in Schedule 4 to the Orders in Council. These conditions prescribe requirements for:

• avoidance, remediation, and mitigation of adverse effects
• development and certification of an earthworks and construction management plan and site rehabilitation plan
• a written summary of all works to be provided to DOC two months after construction works are completed. The summary must include:
  • a general description of the works undertaken
  • location of the works
  • maps of the works
  • designs of any structures erected in waterways.

The application process for concessions includes:

• concession application forms
• reporting on iwi consultation undertaken in relation to the proposed recovery work. This report must include:
  • the names and contact details of Māori entities the Agency engaged with
  • the names of entity representatives who attended the meetings, and the dates of those meetings
  • a summary of the meeting discussions, including any concerns raised about the potential adverse effects of the proposed recovery work on taonga species known or predicted to be in the area
  • the Agency’s responses to any concerns raised.