In the busy lead-up to the summer break, it was easy to miss two significant Fast-track developments. The Fast-track Approvals Amendment Act 2025 (Amendment Act) was passed on 17 December 2025, and – right before the Bill went through – the Minister for Infrastructure, Hon Chris Bishop, introduced a last-minute amendment paper that made several important changes. These final tweaks softened some of the more contentious elements of the Bill and refined how the regime will operate in practice.

This alert summarises the key changes made at the final stage and explains how the Amendment Act’s transitional provisions will apply. For anyone progressing a Fast-track project, understanding these amendments now will help ensure you’re well positioned for the year ahead and aligned with the updated framework. 

Key changes introduced by the Amendment Act

The Amendment Act introduces a series of targeted adjustments to the Fast-track process, including:

• Changes to the powers of the Minister for Infrastructure (Minister), and the EPA, in administering the Act. This includes enabling the Minister to issue Government Policy Statements that clarify the benefits of particular types of infrastructure. 
• A new ability for agencies to request further information from applicants when undertaking a completeness check for both referral and substantive applications.
• Flexibility for applicants to progress listed projects in stages through the Fast-track pathway.
• Streamlined consultation requirements for both referral and substantive applications, with mandatory consultation now limited to customary marine title applicants and Ngā hapū o Ngāti Porou (where relevant). Other parties that previously required consultation must now be notified rather than consulted. 
• Expanded powers for panels to impose conditions ensuring that supporting infrastructure will be adequately delivered.
• Adjusted statutory timeframes, including reducing the comment period on referral applications (where invited by the Minister to do so) to 15 working days, introducing a maximum timeframe of 90 days for a decision-making on a substantive application and an extended period for the Minister to determine whether a project is a priority (this can now occur at any point before a panel is established). 
• A new Ministerial power to amend the description of listed projects within the Act.
• Transfer of the power to suspend a substantive application from the Minister to the Panel Convenor.
• Flexibility for decision documents for two or more approvals sought in a substantive application to be issued at different times.
• Limiting the ability to obtain mining approvals to cases where the relevant deposit is in the land to which exploration permits or existing privileges apply, and where the operator has “or is highly likely to have” the relevant health and safety capabilities. 

What changed since the Bill was introduced

The amendment paper introduced several notable refinements, particularly affecting ministerial powers, panel processes and post-lodgement flexibility.

Ministerial powers: The Minister’s ability to direct the EPA has been narrowed. While the Minister may still issue directions relating to the EPA’s performance of its functions, these must not relate to a specific person or application, nor to any statutorily independent EPA function. The Minister’s ability to consult when preparing Government Policy Statements has also been broadened.

Panel timeframes: The EPA must now provide a substantive application to the Panel Convenor within five working days of lodgement. Conversely, the previously proposed 15 day timeframe for establishing an expert panel has been removed. The Panel Convenor may also now set a maximum decision-making timeframe of up to 90 working days, increased from 60.

Comments to the panel: The proposed limits on a panel’s discretion to invite parties to comment have been removed, preserving broader panel flexibility.

Panel composition: The proposal allowing applicants and authorities to raise concerns about potential panel members was removed. Additionally, the requirement for panels to include members with sector-specific expertise has been softened – this expertise is now only required “if practicable”.

Post-lodgement modification: The proposal allowing applicants to modify a substantive application after lodgement has been narrowed. Modifications are now limited to reductions in the scope of an application.

Looking forward - how will the amendments apply to referral and substantive applications 

Some provisions – such as those relating to appeal rights and infrastructure conditions – took effect immediately on 17 December 2025. The remainder come into force on 31 March 2026. 

The impact on referral and substantive applications depends on when they were lodged. 

All applications lodged and not determined before 17 December 2025

Referral applications lodged prior to this date are only subject to amendments related to Government Policy Statements (there are no such statements at present). 

Substantive applications lodged prior to this date are subject to a limited set of amendments, including:

• Transfer of suspension powers to the Panel Convenor. 
• Ability for panels to impose infrastructure-related conditions.
• Limiting the ability for mining approvals to be granted to cases where the relevant deposit is in the land to which exploration permits, or existing privileges apply, and where the operator has “or is highly likely to have” the relevant health and safety capabilities. 

All applications lodged between 17 December 2025 and 31 March 2026

These applications will be processed and assessed under the provisions that commenced on 17 December 2025. Some provisions commencing on 31 March 2026 will apply to substantive applications if a decision has not been made by that date – specifically those concerning post-lodgement modifications and publication of decision documents.

All applications lodged on or after 31 March 2026

These applications will be subject to the full suite of amendments. Where consultation (on a substantive or referral application) has already begun before 31 March 2026 under the previous rules, applicants do not need to re-notify those parties under the new provisions. However, any consultation already underway must be completed under the pre-Amendment Act requirements.

What this means for applicants

While the Amendment Act does not fundamentally reshape the Fast-track regime, it meaningfully changes how applications are prepared, managed and decided. The staggered commencement dates and transitional rules mean applicants should closely assess which version of the regime applies to their project and adjust their strategy accordingly.

For tailored advice on how the Amendment Act affects your specific Fast-track proposal, get in touch with one of our experts.