Ministry refuses to release fast-track list

The Ministry for the Environment has declined to release the list of projects it received for inclusion in the government’s controversial Fast Track Approvals Bill.

Hibiscus Matters lodged an Official Information Act request for the information in mid-May.

After extending the response timeframe beyond the standard 20 working days, the ministry last week informed the paper of its decision.

Ilana Miller, programme director for fast track approvals at the ministry, said she was withholding the list “at this stage”.

“I make this decision to maintain the constitutional conventions for the time being which protect the confidentiality of advice tendered by ministers of the Crown and officials.”

Miller said that ministers had yet to make decisions on applications for inclusion in the bill, and that releasing the list now “would impact the orderly and effective conduct of executive government decision-making processes”.

It would also result in “extensive lobbying, even campaigning, both for and against applications ahead of cabinet consideration”.

“Attempts would likely be made to influence cabinet ministers outside of the prescribed process and without the benefit of the full information and advice that ministers will receive.”

Miller said that while there has been significant public interest in the project applications she was satisfied that, under the circumstances, the withholding of the information was “not outweighed by other considerations that render it desirable to make the information available in the public interest”.

Local projects that could be advanced through the fast-track process include Hoppers’ proposed marina in Gulf Harbour  – an application which Hoppers itself made public (HM, May 20). The lobby group Keep Whangaparāoa’s Green Spaces has concerns that Gulf Harbour Country Club’s owners may try to get their subdivision consent on that fast-track list too. 

The bill as drafted would introduce an accelerated decision-making process for infrastructure and development projects that are considered to have significant regional or national benefits. It is currently before a select committee, which received submissions from nearly 27,000 individuals and organisations. It is due to produce a report in September.

During a month-long period that ended on May 3, a range of private and public sector applicants submitted projects to the ministry. A six-person advisory group will advise a trio of ministers on which of them to include in the bill.

Projects accepted would be inserted into one of two schedules to the bill. Those in schedule 2A would automatically proceed down an expedited pathway, going directly to an expert panel which will apply relevant consent and permit conditions before referring them back to ministers, for a final decision.

Projects listed in schedule 2B would require an application to the ministers, who would consider comment from affected parties before considering each project against eligibility criteria. Those deemed eligible would then go to the expert panel which would set conditions and seek comment from applicants and affected parties, before being referred to the ministers for final approval.