Supercharging Fast-Track: The New Express Lane for Supermarket Consents

Proposed changes in the Fast-Track Approvals Amendment Bill (the Bill) introduced on 3 November 2025 intend to cut the processing time of applications by up to six weeks and limit who can be invited to comment on applications.

Most topical, however, is that The Bill also introduces a new pathway for grocery developers to use the fast-track process, with the objective to improve competition in the industry.

Administrative changes

The Bill includes a raft of technical changes to the Fast-Track Approvals Act 2024 (the Act) that aim to shorten processing timeframes (currently ranging from 15-35 weeks) and prevent lodged applications from failing at the first hurdle.

When it first receives a substantive application, the Environment Protection Authority (EPA) would be able to:

• Request further information from Applicants where it considers the application to be incomplete. Currently, the EPA is required to return the application (and Applicants having to start again with a fresh application)
• Assess the application for completeness and scope, and at the same time determine whether there are competing applications or existing consents (instead of one after the other as the Act currently requires)

In some situations, Applicants would have more wriggle room to address or change the scope of their project or split it out into stages – whereby each stage would then go through the fast-track process as a stand-alone project.

Currently panels must invite specific groups and persons to comment on an application (such as relevant councils and government agencies, e.g. Department of Conservation) and in some instances can also invite comments from ‘other persons’. The Bill proposes to only allow a panel to invite ‘other persons’ to comment if the panel considers the relevant local authorities and administering agencies will not sufficiently address a relevant matter, or do not intend to provide comment at all.

The Bill also places a ceiling on the amount of time a panel can take to make its decision. The Act currently has a 30-day default timeframe unless the panel otherwise directs, whereas the Bill would limit all decisions to a maximum 60 working days from the date comments are due.

Appeal rights will also be limited to those who “must” be invited to comment on the application under the Act. Anyone additional who has been invited to comment on an application cannot appeal.

Government Policy Statements and new grocery developments

For some time, Government has publicly expressed concern over the duopoly nature of New Zealand’s supermarket sector.

The proposed changes to the Bill will enable new grocery developments to use the fast-track process without needing to prove that they will be regionally or nationally significant projects. Instead, new grocery businesses would need to show how they will achieve the objectives set out in the proposed Government Policy Statement on grocery competition. For example, how they will indirectly or directly improve grocery competition to deliver on more consumer choice, and lower grocery prices in the long term. Existing supermarket players would also be able to use the fast-track regime, but only if they can demonstrate that the development will not reinforce their existing market dominance. You can read the draft Government Policy Statement on grocery competition here.

The Bill would also enable Government to release more Policy Statements in future, which could open similar ‘express lanes’ for other types of projects to use the fast-track regime. Government Policy Statements will use specific guidance and criteria to show how the projects will fit the purpose of the Act and therefore qualify for the fast-track process.

Next steps

The Bill had its first reading on 6 November 2025 and has now been referred to the Environment Select Committee. Submissions closed 17 November 2025. The Government’s intention is to pass the Bill by the end of the year.

If you have any questions about the Bill or the fast-track process generally, please get in touch with our Resource Management team.