A fast-track backtrack
The final sign-off for new projects will no longer lie with ministers, but critics say the new changes don't go far enough.
Mōrena, and welcome to The Bulletin for Monday, August 26.
In today’s edition: Congestion charging could be headed to the capital, concerns Māori rights to the coastline could be all but wiped out, and calls for the Super Fund to sell millions invested in firms connected to illegal Israeli settlements. But first, a controversial aspect of a controversial proposed law has been ditched.
Ministerial powers removed
What was arguably the most controversial aspect of a still highly contentious piece of proposed legislation has been scrapped by the government. As the Herald’s Claire Trevett reported, the Fast-track Approvals Bill will no longer give three ministers sign-off powers, with that important responsibility to be delegated to a panel of independent experts. As Shanti Mathias explained in a piece looking at the controversy around the bill, it is targeted at speeding up the consent process for large infrastructure projects with the rationale being that the existing process is too slow and unwieldy to make a difference.
It’s similar to the “shovel ready projects” law introduced by Labour during the Covid pandemic, though there are some differences. Under the changes announced yesterday, the coalition’s proposed law would be closer in scope to Labour’s, with projects referred to an independent panel by a sole minister, Chris Bishop, who will also be required to consult with the environment minister and other relevant ministers.
Slim details of fast track projects emerge
The government signalled it was always open to making changes to what it had initially put forward, though the prospect of ministerial control of the decision-making had strong defenders within government – including one of the three ministers now stripped of that power, Shane Jones. For critics of the fast track bill, that makes this latest change significant. Some, like former prime minister Geoffrey Palmer, had raised concerns the bill in its original form could pose a threat to constitutional government. As we looked at in a recent Bulletin, there were also worries the three ministers with sign off powers could have been subject to intense lobbying (and indeed, Shane Jones was relentlessly questioned over an undisclosed dinner with a mining boss).
The government has now revealed further details of the projects in line for fast track approval, reported The Post’s Thomas Manch. There have been 384 applications received so far, of which 152 were urban development projects, 92 were infrastructure, 71 were renewable energy, 29 primary industry, 21 mining, and 19 quarrying and other extraction. “It’s important to note that the vast majority of these projects were not mining, so these hysterical hobbits who thought to deride me, and denigrate the bill as if it was a fast-track proven for mining, have proven inaccurate,” Jones said yesterday.
Environmental concerns remain
As the Herald’s Claire Trevett wrote this morning, the backdown over ministerial control doesn’t address the well-canvassed environmental concerns with the bill. It was those concerns that prompted widespread protest earlier in the year. When Bishop claimed in March that the government had extensively engaged with groups in the sector, The Spinoff’s Hayden Donnell tried (and failed) to find a single group that said it was consulted.
Labour’s Rachel Brooking was one calling for further changes to the fast-track bill, as 1News reported. “The fact remains, the bill still overrides the laws that protect our environment and poses a great risk to our natural taonga, like our pristine waterways and forest land,” she said. Environmental groups remain dissatisfied with the proposed bill despite the latest changes, reported RNZ’s Kate Green, with 350 Aotearoa campaigner Adam Currie claiming that the independent panel will have its hands tied given the criteria for pushing a project onto the fast track hasn’t changed. "If you say to me, I'm going to let you make the final decision but you have to make the decision based on certain criteria, you're not really giving me the power to make the decision at all,” he said. Forest & Bird’s Nicola Toki agreed, saying that the bill still prioritised development over the environment. One of the strongest critics of the bill, Te Rūnanga o Toa Rangatira chief executive Helmut Modlik, has praised the government for listening to concerns, reports RNZ’s Anneke Smith.
A warning from the Greens
The politics hasn’t entirely been taken out of the bill, noted Newsroom Pro’s Fox Meyer. The independent panel will be chosen by the government, and will only include an iwi representative when required by a Treaty settlement. It’s worth remembering that the changes proposed yesterday still need to be adopted by the environment select committee before the bill gets officially updated. As Brent Edwards at the NBR wrote (paywalled), it would be extraordinary if the the committee didn’t send the bill back to parliament with the suggested amendments given the heightened level of public criticism.
In recent weeks, the prime minister has called for a bipartisan approach to infrastructure given our short election cycle can lead to major projects being switched on and off. In responding to the fast-track changes, the Greens’ environment spokesperson Lan Pham issued a stark reminder of what could happen if the political winds shift. “Any companies thinking of taking advantage of [the] fast-track process… should be well aware that a change of government could result in a loss of consent, possibly without compensation,” she said in a statement. Some of the political noise has been taken out of the debate by these latest changes, but things aren’t over yet.
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Wellington the latest city to propose congestion charging plan
On the front page of The Post, a report signalling that congestion charging is on the way for Wellington. As Tom Hunt reports, it’s a sign that common ground has been found between the city’s mayor, Tory Whanau, and the transport minister, Simeon Brown. It comes just days after prime minister Christopher Luxon took aim at councils (Wellington including) over spending priorities, prompting Whanau to push back in yesterday’s Sunday Star-Times. There are few details or a timeframe for congestion charging to arrive in Wellington, but Hunt’s report says that money will also be funnelled into public transport. “By raising revenue through congestion charging we can invest in transport without having to put more and more pressure on your rates,” said the mayor.
Meanwhile, The Spinoff’s Joel MacManus this morning analyses why the government has been criticising Wellington Council in recent days. He writes: “The government wants to turn Tory Whanau into the opposition, but that’s not necessarily a problem for Whanau. She seems happy to take the hits and keep taking shots right back at them. This is not necessarily a fight with one winner and one loser.”
Documents signal major change for foreshore and seabed law
A proposed law change could mean just 5% of the country’s coastline is subject to customary marine title. TVNZ’s Te Aniwa Hurihanganui had the exclusive details on 1News last night, obtaining documents from a meeting between treaty negotiations minister Paul Goldsmith, oceans minister Shane Jones and seafood industry representatives. Addressing potential changes to the Marine and Coastal Area Act, Goldsmith said: "Changing the section 58 test should reduce the 100% of coastline subject to customary marine title to 5%.” Harry Clatworthy, who represents Ngāti Te Wehi claimants, said it “essentially wipes out” Māori rights to the coastline. The bill that would amend the act is currently being drafted, but prime minister Christopher Luxon has previously said his intention is to move back to how the law was in 2011.
Listen: Takeout Kids and growing up inside a shop
Documentary maker Julie Zhu is the director of Takeout Kids, an observational series following five children as they work and grow up in their parents’ shops.
The series is beautiful, both in the stories it tells but also literally, with a focus on scene-setting and stunning cinematography. Julie joins Madeleine Chapman to talk about how she finds the short stories within hours and hours of footage, and the special considerations required when filming with young people.
Click and Collect
Just before the live export ban came into effect, a 10,400 tonne ship left Napier piloting a so-called “gold standard” of animal care – but the former minister was never briefed on it, reports Emma Hatton. (Paywalled)
Anatomy of a rumour: How the DNC was taken over by (false) claims Beyonce was going to perform.
Labour calls on Super Fund to sell $140m invested in firms connected to illegal Israeli settlements.
For a feature, I really enjoyed this in-depth interview with National minister Tama Potaka by the Herald’s Derek Cheng. His comments on the doomed Treaty Principles Bill were particularly interesting – and later prompted criticism on Act’s own Twitter account. (Paywalled)
Treasury officials warned the finance minister that paying for promised cancer medicines would cost $1 billion, forcing trade offs in primary care and mental health.
I’ve previously expressed excitement that rising pop star Chappell Roan could be headed our way in 2025. The singer has been in the news this week for calling out negative behaviour from fans. This Slate piece looks at the intricacies of the fan-artist relationship.
The rumours were true: a sitting politician, Labour’s Carmel Sepuloni, will compete on the upcoming season of Celebrity Treasure Island. The Spinoff’s Tara Ward speeds date the glitzy new cast.
Woolworths staff have been striking – and one workplace issue they want addressed is understaffing, reports Shanti Mathias. For The Spinoff Essay, Kristin Kelly reflects on her experience in breath therapy. Acting legend Sam Neill shares his life in TV and admits to his reality TV guilty pleasure. South Auckland-raised Kween Kong is already firmly on the podium in RuPaul’s Drag Race Global All Stars, writes Alex Casey. Semisi Ma’ia’i shares his perfect weekend playlist.
That’s it for this morning, thanks for reading. I’ll be back tomorrow.
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The brake on the fast track is hardly an independent panel. It is a group of hand picked friends of the Coalition.
"better" does NOT = GOOD. Yes it is better that Shane Jones is not one of the final decision makers, but who picks the panel of "experts" and who decides which projects the "decision makers" get to decide on? Smoke & mirrors IMHO.
And a timely reminder to Luxon pontificating on the way infrastructure projects swing in and out of favour due to the election cycle - doesn't even take notice of HIS OWN words eh? Why not lead by example and not force these things through, knowing they probably won't survive a change of govt and thereby waste millions of $$ of both private & public money? Silly question!