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Council
10 April 2024
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12. Council
submission on Fast-Track Approvals Bill
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Reference Te Tohutoro:
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24/443472
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Responsible Officer(s) Te Pou Matua:
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Mark
Stevenson, Manager Planning
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Accountable ELT Member Pouwhakarae:
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Jane
Parfitt, Interim General Manager Infrastructure, Planning and Regulatory
Services
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1. Purpose and Origin of the Report Te Pūtake Pūrongo
1.1 The
purpose of this report is to seek approval of the draft Council submission on
the Fast-track Approvals Bill (the Bill), which was introduced on 7 March 2024
and referred to the Environment Committee for its consideration.
1.2 The
Environment Committee is calling for public submissions of the Bill. The
deadline for lodging submissions is Friday, 19 April 2024.
2. Officer Recommendations Ngā
Tūtohu
That the Council:
1. Delegate authority to [insert named
Councillors] to approve any further changes to the draft Council submission on
the Fast-track Approvals Bill (Attachment A and Attachment B to this report).
2. Note that the decision in this report is of
low significance concerning the Christchurch
City Council’s Significance and Engagement Policy.
3. Executive Summary Te Whakarāpopoto Matua
3.1 The
Environment Committee is inviting submissions on the Fast-track Approvals Bill.
3.2 The
Fast-track Approvals bill is an omnibus bill that would enable a fast-track
decision-making process for infrastructure and development projects that are
considered to have significant regional or national benefits.
3.3 A
draft Council submission has been prepared for consideration (Attachment A and
Attachment B).
3.4 Subject
to approval, the draft submission will be lodged to the Environment Committee.
4. Background/Context Te Horopaki
Summary of submission content
4.1 As
a key infrastructure provider for Ōtautahi Christchurch, the submission
acknowledges the potential of the Bill in supporting the Council to respond to
and manage growth by enabling the efficient delivery of large infrastructure
and development projects.
4.2 While the submission agrees that there is a need to ensure the efficient
delivery of these significant projects, it also expresses concern that the
process does not require robust evaluation and as a result has the potential to
result in significant detrimental impacts to the wider environment if not
resolved.
4.3 The following details key points outlined in the Council’s
draft submission (Attachment A).
4.3.1 Need to ensure
appropriate balance: the submission encourages a more appropriate balance
between enabling efficient delivery of significant infrastructure and
development projects and managing effects on the environment. It specifically
raises concerns at the lack of reference to environment
objectives in the purpose of the Bill.
4.3.2 Appropriate
recognition of Te Tiriti o Waitangi: the submission expresses concern
regarding the lack of consideration of Te Tiriti or the principles in the
decision-making process.
4.3.3 Extent and
discretion of Ministerial power: the submission makes comment on the level
of Ministerial power afforded in both the referral and substantive
decision-making processes. The submission seeks amendments to ensure that the
process allows for robust evaluation of projects and that decision-making is
transparent, fair and even-handed.
4.3.4 Key implications
for Council: the submission raises potential implications for Councils,
such as managing impacts on infrastructure and alignment with local planning
processes. It also seeks amendments to allow for councils to be appropriately
involved in the process.
4.4 The following related memos/information were circulated to the
members of the meeting:
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Date
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Subject
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28
March 2024
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Draft Council submission on Fast-track
Approvals Bill circulated to Mayor and Councillors (Attachment A)
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4.5 The following related closed information session/workshops have
taken place for the members of the meeting:
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Date
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Subject
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2
April 2024
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Council submission on Fast-track
Approvals Bill
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Options Considered Ngā Kōwhiringa Whaiwhakaaro
4.6 The
only reasonably practicable option considered and assessed in this report is
that the Council prepares a submission on the Bill to the Environment
Committee.
4.7 The
Council regularly makes submissions on proposals which may significantly impact
Christchurch residents or Council business. Submissions are an important
opportunity to influence thinking and decisions through external
agencies’ consultation processes.
4.8 The
Bill proposes a significant shift in environmental legislation, setting a new
pathway for approval of infrastructure and development projects that have
national or regional benefits and would otherwise be subject to resource
consent and/or notice of requirement (for designations such as the airport,
electricity transmission corridors, schools) processes prescribed in the
Resource Management Act and approvals process under other legislation. It
is therefore important that through a submission the Council can seek to
influence the direction of the Bill and provide suggestive amendments to ensure
that the Bill is fit for purpose for local authorities and the residents we
serve.
4.9 The
alternative option would be to not submit on the Bill. This course of action is
not recommended in this case as making a submission is a valuable opportunity
to influence thinking of the Bill.
5. Financial Implications Ngā Hīraunga Rauemi
Capex/Opex Ngā Utu Whakahaere
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Recommended Option
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Option 2 – Not submit
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Cost to Implement
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Met from existing operational budgets.
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No cost
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Maintenance/Ongoing Costs
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As above
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No cost
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Funding Source
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Existing operational budgets
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No cost
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Funding Availability
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Available
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N/A
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Impact on Rates
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No impact on rates as met from existing
operational budgets
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N/A
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6. Considerations Ngā Whai Whakaaro
Risks and Mitigations Ngā Mōrearea me
ngā Whakamātautau
6.1 The
decision to lodge a council submission is of low risk.
Legal Considerations Ngā Hīraunga
ā-Ture
6.2 Statutory
authority to undertake proposals in the report:
6.2.1 The
opportunity to lodge a submission on the Fast-track Approvals Bill is open to any
person or organisation.
6.3 Other Legal Implications:
6.3.1 There
is no legal context, issue, or implication relevant to this decision. The Legal
Services team will provide a review of the submission before it is finalised.
Strategy
and Policy Considerations Te
Whai Kaupapa here
6.4 The
required decision:
6.4.1 Aligns
with the Christchurch
City Council’s Strategic Framework.
6.4.2 Is
of low significance in relation to the Christchurch
City Council’s Significance and Engagement Policy. This recognises
that while there may be community interest in the Bill, the specific decision
(to approve the draft submission) is of a lower level of significance.
6.4.3 Is
consistent with Council’s Plans and Policies.
6.5 This
report supports the Council's
Long Term Plan (2021 - 2031):
6.6 Strategic Planning and Policy
6.6.1 Activity: Strategic Planning, Future Development and
Regeneration
· Level of Service: 17.0.1.1 Advice to Council on high
priority policy and planning issues that affect the City. Advice is aligned
with and delivers on the governance expectations as evidenced through the
Council Strategic Framework. - Triennial reconfirmation of the strategic
framework or as required.
Impact
on Mana Whenua Ngā
Whai Take Mana Whenua
6.7 The
decision to lodge a council submission on the Bill is not
a significant decision in relation to ancestral land or a body of water or
other elements of intrinsic value, therefore this decision does
not specifically impact Mana Whenua, their culture and traditions.
6.8 The
decision involves a matter of interest to Mana Whenua,
however the decision to submit on the Bill will not impact on our agreed
partnership priorities with Ngā Papatipu Rūnanga.
6.9 Staff
have engaged with Te Rūnanga o Ngāi Tahu and Ngā Papatipu
Rūnanga through the development of the draft submission and have sought
alignment where possible.
Climate
Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi
6.10 The
decision to lodge a council submission does not have any direct climate change
impacts.
7. Next Steps Ngā Mahinga ā-muri
7.1 Subject
to approval, the draft submission (Attachment A and Attachment B) on the Bill
will be lodged to the Environment Committee.
Attachments Ngā Tāpirihanga
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No.
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Title
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Reference
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Page
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a ⇩
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Draft Council
submission on fast-track approvals bill
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24/550642
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9
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b ⇩
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Draft Appendix
1 - Detailed Council submission on fast-track approvals bill
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24/550655
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14
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In addition to the attached documents, the following background
information is available:
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Document
Name – Location / File Link
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Not
applicable
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Signatories Ngā Kaiwaitohu
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Authors
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Helaina Gregg
- Principal Advisor Policy
Mark Stevenson
- Manager Planning
Brent Pizzey -
Senior Legal Counsel
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Approved By
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John Higgins -
Head of Planning & Consents
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