Latest news with #Fast-TrackApprovalsAct
Newsroom
23-07-2025
- Business
- Newsroom
Auckland's new cemetery dead and buried
Auckland Council has withdrawn its bid to forcibly acquire land in west Auckland for its much-needed new cemetery to replace Waikumete – stymied by iwi consultation failures and possible fast-track housing. The council told Land Information NZ and the Environment Court this week it is abandoning its attempt under the Public Works Act to compulsorily purchase land at 1080 State Highway 16 at Reweti, northwest Auckland, for the urgently needed cemetery. A report to Thursday's policy and planning committee says the council expects some public criticism because of the costs it has sunk so far in trying to secure the site, the first choice of 45 on an initial list formed years ago. From a shortlist of five, the council has been trying to buy the land for almost three years. The report, by Taryn Crewe, the council's general manager of parks and community facilities, says there remains an 'extreme shortage' of burial space in the west of Auckland. Waikumete, at Glen Eden, is the country's largest cemetery but has paused sales of adult burial slots for two years. The Reweti and owner Halberd Holdings had first refused to sell, then objected to the mandatory deal under that act, sending the matter to the Environment Court. At the court, local mana whenua groups objected, complaining the council had failed in its duties to consult on the cemetery plan. Federated Farmers also objected. The last straw for the council seems to have been Halberd moving to apply under the Fast-track Approvals Act for a green light to build houses on the land, with backing from the mana whenua groups. The council report says once that was known the council offered to withdraw the application if Halberd declined to seek costs from ratepayers, an offer which was accepted. Officers accept the consultation with mana whenua groups was deficient and say that was not realised until too late, after the Public Works Act compulsory acquisition demand was made. This increased the risk of not securing Resource Management Act approval to enable a cemetery on the land – which had been picked after considering essential cemetery pre-conditions such as soil types, flood plains, gradient, groundwater levels and the proximity of streams and rivers. 'Council staff met with mana whenua over the past few months to try to resolve their objections, but were not successful,' the note to councillors says. 'Taking all relevant factors into account, particularly the good faith relationships with our mana whenua partners, the decision was made not to proceed.' The fact the new land use under a likely Fast-Track Approvals Act application would involve a 'large number' of residential dwellings also weighed on the decision to abandon. As well, delays caused by court action and RMA objections could impact the urgent need for more burial spots in coming years. 'Council staff remain committed to continuing good faith engagement with mana whenua partners and progressing the urgent need to acquire land for cemetery purposes in northwest Auckland.' The report does not say if the other four properties shortlisted back in 2022/23 would still be available and pursued. RNZ reported in March that Waikumete Cemetery had paused the sale of adult burial plots until 2027 – when an additional 800 burial plots are set to be created. It quoted Crewe saying if the Reweti replacement fell over, there were other options. 'If something happens along the way where we weren't able to purchase that particular piece of land, work has been done to identify other areas,' Crewe said. 'But they're not the type of property we want compared to this one, we'd had to go back to the drawing board again and start that process again with other landowners.' He said legal issues had slowed the acquisition of new burial land. 'From the 2022 decision with the committee we hoped we could have progressed things with a willing seller and willing buyer way quicker, but that's just the nature of the process.'
Scoop
26-05-2025
- Business
- Scoop
Environmental Defence Society Strikes Procedural Fast-Track Win
Press Release – Environmental Defence Society The EPAs previous approach meant that it was sitting on application documentation for weeks without the public knowing. Thats precious time that interested parties can now use to review a projects technical information. The Environmental Protection Authority (EPA), the administrating agency of the Fast-Track Approvals Act, has accepted the Environmental Defence Society's (EDS) contention that it has not been lawfully applying the Act. The EPA's concession comes after EDS's Barrister Rob Enright wrote to the EPA asserting that the Fast-Track Approvals Act required the EPA to publicly release all information provided to it without delay. Previously, the EPA only published application information once it was deemed complete and within scope. As the EPA stated in its reply to EDS: 'As you are aware the EPA had taken a position that the Fast Track Approvals Act 2024 does not require the publication of incomplete applications. Following your correspondence we have reviewed our position, and agree that, on balance, the documents you have listed must be published by the EPA.' 'This U-turn by the EPA is a significant win that will provide greater transparency in the implementation of a law that is otherwise stacked against public involvement,' said EDS's Chief Operating Officer Shay Schlaepfer. 'The EPA's previous approach meant that it was sitting on application documentation for weeks without the public knowing. That's precious time that interested parties can now use to review a project's technical information. 'This is hugely important given the pace at which applications proceed through the fast-track process and the potentially life-changing impacts of projects on people and the natural environment. Parties need as much time as possible to assess their interest in individual projects and to prepare their cases, including briefing experts and engaging legal counsel. 'We are pleased that the EPA has accepted our position on this occasion and praise its prompt rectification of the issue. 'We now expect to see application documentation published on the website when it is first lodged with the EPA. That should include an application's full Assessment of Environmental Effects. As the EPA accepted in its response to us '[t]he Act does contain a positive duty to act promptly where no time limit has been set and establishes a duty for the EPA to avoid delay as far as reasonably practicable.' 'Despite the fast-track law being largely inhospitable to the principles of natural justice, EDS continues to investigate ways in which it can be implemented to best serve the public interest. Where they exist, we will find them,' concluded Ms Schlaepfer. EDS has published a plain-English peer-reviewed guide of the Fast-track Approvals Act which is freely available at
Scoop
25-05-2025
- Business
- Scoop
Environmental Defence Society Strikes Procedural Fast-Track Win
The Environmental Protection Authority (EPA), the administrating agency of the Fast-Track Approvals Act, has accepted the Environmental Defence Society's (EDS) contention that it has not been lawfully applying the Act. The EPA's concession comes after EDS's Barrister Rob Enright wrote to the EPA asserting that the Fast-Track Approvals Act required the EPA to publicly release all information provided to it without delay. Previously, the EPA only published application information once it was deemed complete and within scope. As the EPA stated in its reply to EDS: 'As you are aware the EPA had taken a position that the Fast Track Approvals Act 2024 does not require the publication of incomplete applications. Following your correspondence we have reviewed our position, and agree that, on balance, the documents you have listed must be published by the EPA.' 'This U-turn by the EPA is a significant win that will provide greater transparency in the implementation of a law that is otherwise stacked against public involvement,' said EDS's Chief Operating Officer Shay Schlaepfer. 'The EPA's previous approach meant that it was sitting on application documentation for weeks without the public knowing. That's precious time that interested parties can now use to review a project's technical information. 'This is hugely important given the pace at which applications proceed through the fast-track process and the potentially life-changing impacts of projects on people and the natural environment. Parties need as much time as possible to assess their interest in individual projects and to prepare their cases, including briefing experts and engaging legal counsel. 'We are pleased that the EPA has accepted our position on this occasion and praise its prompt rectification of the issue. 'We now expect to see application documentation published on the website when it is first lodged with the EPA. That should include an application's full Assessment of Environmental Effects. As the EPA accepted in its response to us '[t]he Act does contain a positive duty to act promptly where no time limit has been set and establishes a duty for the EPA to avoid delay as far as reasonably practicable.' 'Despite the fast-track law being largely inhospitable to the principles of natural justice, EDS continues to investigate ways in which it can be implemented to best serve the public interest. Where they exist, we will find them,' concluded Ms Schlaepfer. EDS has published a plain-English peer-reviewed guide of the Fast-track Approvals Act which is freely available at EDS's letter and the EPA's reply are available here and here. Environmental Defence Society EDS speaks for the environment. It has influence. Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand through law and policy change. That's why it's one of this country's most influential non- profit organisations when it comes to achieving better environmental outcomes. EDS has expertise in key disciplines including law, planning, landscape and science. It operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together the private and public sectors for constructive engagement. EDS runs conferences and seminars on topical issues, including an annual Environmental Summit and the Climate Change and Business Conference. EDS is a registered charity and donations to it are tax-deductible.
Scoop
25-05-2025
- Business
- Scoop
Environmental Defence Society Strikes Procedural Fast-Track Win
The Environmental Protection Authority (EPA), the administrating agency of the Fast-Track Approvals Act, has accepted the Environmental Defence Society's (EDS) contention that it has not been lawfully applying the Act. The EPA's concession comes after EDS's Barrister Rob Enright wrote to the EPA asserting that the Fast-Track Approvals Act required the EPA to publicly release all information provided to it without delay. Previously, the EPA only published application information once it was deemed complete and within scope. As the EPA stated in its reply to EDS: 'As you are aware the EPA had taken a position that the Fast Track Approvals Act 2024 does not require the publication of incomplete applications. Following your correspondence we have reviewed our position, and agree that, on balance, the documents you have listed must be published by the EPA.' 'This U-turn by the EPA is a significant win that will provide greater transparency in the implementation of a law that is otherwise stacked against public involvement,' said EDS's Chief Operating Officer Shay Schlaepfer. 'The EPA's previous approach meant that it was sitting on application documentation for weeks without the public knowing. That's precious time that interested parties can now use to review a project's technical information. 'This is hugely important given the pace at which applications proceed through the fast-track process and the potentially life-changing impacts of projects on people and the natural environment. Parties need as much time as possible to assess their interest in individual projects and to prepare their cases, including briefing experts and engaging legal counsel. 'We are pleased that the EPA has accepted our position on this occasion and praise its prompt rectification of the issue. 'We now expect to see application documentation published on the website when it is first lodged with the EPA. That should include an application's full Assessment of Environmental Effects. As the EPA accepted in its response to us '[t]he Act does contain a positive duty to act promptly where no time limit has been set and establishes a duty for the EPA to avoid delay as far as reasonably practicable.' 'Despite the fast-track law being largely inhospitable to the principles of natural justice, EDS continues to investigate ways in which it can be implemented to best serve the public interest. Where they exist, we will find them,' concluded Ms Schlaepfer. EDS has published a plain-English peer-reviewed guide of the Fast-track Approvals Act which is freely available at EDS's letter and the EPA's reply are available here and here. Environmental Defence Society EDS speaks for the environment. It has influence. Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand through law and policy change. That's why it's one of this country's most influential non- profit organisations when it comes to achieving better environmental outcomes. EDS has expertise in key disciplines including law, planning, landscape and science. It operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together the private and public sectors for constructive engagement. EDS runs conferences and seminars on topical issues, including an annual Environmental Summit and the Climate Change and Business Conference. EDS is a registered charity and donations to it are tax-deductible.
