Earlier this week (10 Dec 2024), the government dumped a 235 paged Amendment Paper (No 238) on the table hours before the Committee of the House commenced debate on the highly controversial Fast Track Approvals Bill, under urgency. The Amendments had been put forward with no notice to the Opposition, journalists, academics or the public. Notably, the Clerk of the House David Wilson advised that the effect of the Bill would be granting private benefit to private entities, through a Government Bill. The Assistant Speaker Barbara Kuriger stated that it is “out of order as in the nature of private legislation”. Following some heated debate, Kuriger’s ruling to exclude the project list from the Bill was overruled by Parliament Speaker Gerry Brownlee, an unprecedented move. Arena Williams (Labour) remarked, “This is the closest New Zealand has ever come to cronyism through the legislative process. This is wrong, and this project should be struck out.” This, along with the numerous bills [e.g. 7 new bills in a day and more in the same week] being processed under urgency, has been described as “very poor lawmaking” by law professionals.

“This bill runs fast and loose. It runs fast and loose over our environment, over our climate, over our Te Tiriti obligations, and over our community engagement. This bill runs fast and loose over democracy, and I am concerned,” lamented Glen Bennett (Labour). In the debate, Bennett borrowed one of the 27,000 submitters’ nick-name for the Bill – the “Cloak, Choke, and Destroy Bill”. This nick-name is indeed apt, given that the Bill facilitates projects like coal, gold and seabed mining, waste incineration, more roads and housing development in flood prone land, all harmful to the climate, the environment and people.

Re mining projects, Te Pāti Māori MP Hana-Rawhiti Maipi-Clarke emphasized, “So these affect our taonga and our pepeha within our electorate such as the Rotowaro Mine Continuation Project, the Waihī North Project, the Pit Mining Project… we know that there’s already going to be consultation with post-settlement governance entities(PSGEs), with iwi entities… but my pātai is: are there going to be consultations with the hapū and mana whenua of those mining quarry projects?”

Green MP Lan Pham argued, “We previously had various checks and balances where there were thresholds that constitute environmental protections, but we know that, under fast track, these are now merely considerations which ultimately need to be weighed up by the panel, and when they legally have to give the greatest weight to the development benefits, we know that they are simply considerations, rather than protections.”

Indeed, the amendments put forward by the proponents have made the Bill even worse than it was. The meaning of ineligible activity has been amended. It is harder now for a panel to decline an approval. “Senior lawyers” may now be appointed as conveners of expert panels, not just Environment or High Court Judges. Ministers may call in, and panels may transfer to Ministers, decisions on concessions, land exchanges, and access arrangements. People who have an interest in the decision greater than that of the general public no longer have the right to appeal. Consents may be activated before appeals are exhausted.

The Committee stages on the Bill have now finished, with the passing of all the Government proposed amendments, and rejection of all opposition proposals.  

WHAT CAN WE DO?

Talk to your local MPs, especially those in the opposition, and encourage them to be bold and to speak up in public against the Bill. 

The third reading of the Bill is next week (from 16 Dec).  Ask opposition MPs to clearly spell out that they will repeal the legislation and revoke, or at least review, the associated consents when they return to power. Such statements would help to undermine investor confidence in companies that are seeking Fast-Track Approvals, and put some of the would-be projects to bed.

We all need to say no to the Fast-Track Approvals Bill and process. Please share this and what you know about the Bill with whanau and friends. Get in touch if you would like to put up a STOP THE FAST TRACK sign (60x80cm):