Fast-track Approvals Amendment Bill– increasing the need for speed

As previously signalled, the New Zealand Government has introduced the Fast-track Approvals Amendment Bill (Bill). The Bill does two key things:

1. Introduces an “express lane” process under which supermarkets can obtain required approvals via the fast-track process under the Fast-track Approvals Act 2024 (FTAA). This aims to create a more competitive grocery market by providing greater consumer choice and lower prices.
2. Makes a substantive number of changes to existing provisions, as well as introducing new provisions, to speed up the fast-track process, clarify procedures, and respond to both substantive and procedural issues identified since the system came into force.

The Bill will be referred to the Environment Select Committee following its first reading in Parliament on Thursday, 6 November 2025. The indication is that the Bill to be enacted before the end of 2025.

 

Consenting express lanes for new supermarkets

The Commerce Commission has found that the New Zealand grocery sector has limited competition. The Government has suggested that current resource consent processes under the Resource Management Act 1991 (RMA) have held back potential supermarket competitors due to local zoning restrictions and lengthy approval processes.

While grocery retail sector participants are already able to lodge referral applications under the FTAA, there has been uncertainty about whether they qualify under the existing criteria.

The Bill seeks to provide greater certainty for applicants aiming to increase grocery retail competition through two key changes:

• The addition of express reference to grocery retail competition as a relevant factor in deciding whether a project has significant regional or national benefits.
• The ability for the Government to issue Government Policy Statements (GPSs) under the FTAA.

The Government has also released a draft Government Policy Statement on Grocery Competition (GPS), which it intends to issue under the FTAA once the amendments are in place. This means the GPS will become a mandatory consideration when assessing referral applications.

The intention is that supermarket developments can be referred projects – able to access the fast-track consenting pathway by lodging a referral application – if they meet the criteria set out in the GPS.

The draft GPS

The Government is interested in fast-tracking grocery projects that:

1. Reduce market concentration. Proposals from new entrants or existing players not materially connected to dominant grocery chains.
2. Enable scalable competition. Projects that support businesses capable of competing at a regional or national level, including:
• Limited assortment stores, supercentres, wholesale clubs, or other formats currently underrepresented in New Zealand.
• Infrastructure such as warehousing, logistics, and online retail support.
3. Support multi-site or regional expansion. Proposals involving multiple builds across regions or within a single region that contribute to broader competitive effects.
4. Provide footholds for new competitors. One-off developments that help smaller or newer businesses grow and compete more effectively.

Proposals from Regulated Grocery Retailers will only be considered where they demonstrably do not reinforce existing market dominance. This may include:

Developments in underserved regions, such as areas with very limited grocery choice, high prices, or geographic barriers to entry.

Infrastructure that materially enables independent retailers or wholesalers to compete more effectively.

 

Clearer and streamlined process

Since February 2025, the FTAA has been open for business. As of early November 2025, four projects have had consents granted, one was withdrawn following an adverse draft decision, one is on hold following a successful judicial review, and five further decisions are expected before Christmas 2025.

In response to issues identified as projects have progressed, the Bill proposes a number of amendments to improve speed, clarity and consistency in the fast-track process. Key changes include:

1. Timeframes

Two key amendments are proposed:

• A Panel must be appointed within 15 days of the Convener receiving notification of an application from the Environmental Protection Authority (EPA) (previously no timeframe applied).
• Decision timeframes cannot be extended beyond 60 days (from when written comments are received) by the Convener unless the applicant agrees (previously there was no limit on extensions).

2. Party involvement

Adjustments have been made to consultation and participation requirements:

• Some parties who previously needed to be consulted now only need to be notified.
• The scope of who may be invited to comment has been narrowed (previously the Panel could invite any person it considered appropriate).
• Appeal rights are now limited to those parties who must be invited to comment, rather than any additional parties invited at the Panel’s discretion.

3. Process improvements

Amendments address procedural challenges:

• The EPA will be able to request further information before determining whether an application is complete, giving applicants the opportunity to correct deficiencies before rejection.
• Additional provisions have been included for staged applications and cost recovery processes.

4. Ministerial involvement

New powers will allow:

• GPSs (such as the Grocery Competition GPS) to direct consideration of specific matters when assessing referral applications.
• The Minister to issue directions in relation to its performance and exercise of functions, duties and powers under the FTAA.
• The Minister to recommend an amendment be made to the scope of a listed project in terms of its description or geographical location.

5. Panel role

Changes are proposed as to who requests certain reports and when – with a shift from Convener involvement to Panel involvement. A new process for raising concerns about Panel members for applicants and local authorities has also been proposed.

We will be keeping a close eye on this Bill as it progresses.