Forest & Bird today released a letter from the Ombudsman outlining an investigation into the Ministry for the Environment (MfE) over a refusal to release information under an OIA about the Fast-track Approvals Bill.
“The Government has deliberately withheld information in a way that is anti-democratic and unfair to people and communities,” says Richard Capie, Forest & Bird’s Group Manger Advocacy.
The Ombudsman’s investigation into MfE was triggered by a table released by the Department of Conservation (DOC) showing it raised concerns about fast-track projects back in February 2024. A month later MfE denied that any provisional lists of projects were in existence.
A timeline is available below and Forest & Bird’s letter from the Ombudsman here.
The Fast-track Approvals Bill is the first Government bill on Parliament’s Order Paper (agenda) for today. It is being considered by the Committee of the whole House where Parliament as a whole debates the bill’s clauses. This is the stage where the Government intends to introduce the list of 149 projects for automatic referral to the fast-tracked environmental override.
The “Listed projects of particular concern” table was released by DOC months after it was sought by Forest & Bird, following a provisional opinion from the Ombudsman and a separate information release by the RMA Reform Minister Christopher Bishop.
“It’s very disappointing that the Government waited until after Parliament’s Environment Committee had finished scrutinising the bill before releasing this information,” says Mr Capie.
“It should have been published in March this year so the tens of thousands of New Zealanders who made submissions could have been informed by DOC's analysis.”
The recently released document is Attachment A on page 108 of DOC’s proactive release information. It shows that as long ago as February, DOC had concerns about key projects that will now be automatically referred to the environmental override process under the Fast-track Approvals Bill. These include:
- Barrytown mining proposal that DOC identified could impact on the only breeding population of the naturally uncommon Westland Black Petrel nearby as well as wetland habitat of the nationally critical bittern.
- Wharekirauponga mine proposal near Waihi which was identified as a threat to the at-risk Archey’s frog (the eponymous Freddie of “goodbye Freddie” fame).
- Macraes mine expansion in Otago which was identified as a risk to seven lizard species.
- Hananui salmon marine farm proposal which was identified as a risk to biogenic marine habitats off Rakiura.
- Open cast Buller Plateau coal mine expansion which was identified as likely to impact wildlife and habitats.
- Ruataniwha dam proposal which was identified as requiring public conservation land and may potentially drive greater pollution of the Tukituki River from more intensive land use.
“It’s clear the concerns mentioned are the tip of the iceberg: Forest & Bird is aware of some of the long-term, widespread, and devastating environmental impacts of these projects,” says Mr Capie.
“That is why the coalition Government is rubber stamping them under the Fast-track Approvals Bill – because the bill sets lower environmental standards than the current fast track law.
“New Zealand already has the highest proportion of threatened species in the world. Overriding conservation laws will lead to worse outcomes for Westland black petrels, rare lizards, bittern and all the other wildlife threatened by these projects.
“New Zealanders and even Parliamentarians have been kept in the dark about these fast-track projects for months. We are calling on MPs to reject the list of fast-track projects and reject the bill entirely.”
Timeline: DOC OIA
- 8 March 2024: Forest & Bird requested a copy of all advice provided by DOC on the subject of, or referring to, the Fast-track Approvals Bill.
- 8 April 2024: DOC refused this request under section 18(d) of the Official Information Act 1982 (OIA) which protects the confidentiality of advice tended by ministers and officials.
- 27 May 2024: the Ministry for the Environment published DOC’s advice in part and Forest & Bird complained to the Ombudsman about DOC’s decision to withhold information from this release, including a section of a departmental memo on 27 February which appeared to include a list of projects for fast tracking.
- Following a provisional opinion by the Ombudsman, DOC has now released the departmental memo in full. It contains a list of projects for fast tracking under the Fast-track Approvals Bill that DOC had identified were of “conservation concern.”
Timeline: MfE OIA
- 11 March 2024 Forest & Bird sought the names and locations of all projects that had been identified or were under consideration for potential inclusion in Schedule 2 of the Fast-track Approvals Bill and a copy of any compiled lists, including provisional or currently under construction lists, of projects under consideration for potential inclusion in Schedule 2 of the Fast-track Approvals Bill.
- 27 March 2024 MfE replied stating that: A process for accepting nominations of projects for inclusion in the Bill is not finalised, and we have not received any formal nominations. The Ministry must therefore refuse your request under section 18(g) of the Act, as the information you have requested is not held by the Ministry, and we do not believe it is held by, or more closely connected to the functions of, another agency subject to the Act.
- 19 November 2024, the Department of Conservation finally released information about the Fast-track Approvals Bill that had been first sought by Forest & Bird on 8 March 2024. The information released included a list of potential fast-track projects attached to a departmental memo dated 27 February.
29 November 2024: Ombudsman advises Forest & Bird of investigation.
Background information:
of reply from MfE:
27 March 2024
OIAD-1004
Tēnā koe Geoff
Thank you for your email to the Ministry for the Environment (the Ministry) dated 11 March 2024 requesting the following information under the Official Information Act 1982 (the Act):
1. The names and locations of all projects that have been identified or are under consideration for potential inclusion in Schedule 2 of the Fast Track Approvals Bill
2. A copy of any compiled lists, including provisional or currently under construction lists, of projects under consideration for potential inclusion in Schedule 2 of the Fast Track Approvals Bill
3. The names and locations of all projects that have been identified or are under consideration for fast tracking under the Fast Track Approvals Bill but not under consideration for inclusion in Schedule 2 of the Fast Track Approvals Bill
The Fast Track Approvals Bill (the Bill) aims to make it easier for New Zealand to build the infrastructure and major projects we need to get the country moving. The Bill is now being considered by the Environment Committee after being introduced to Parliament on 7 March 2024. The Bill does not include any listed projects under Schedules 2A and 2B.
The Government is establishing a process for people to nominate projects for inclusion in the Bill. A group of independent experts (the Fast-track Advisory Group) will assess and make recommendations to Ministers on what projects are suitable for inclusion in the Bill.
The selected projects from these recommendations will be added to the Bill later in the Parliamentary process. Ministers also reserve the right to directly add Crown funded projects to the Bill. A process for accepting nominations of projects for inclusion in the Bill is not finalised, and we have not received any formal nominations. The Ministry must therefore refuse your request under section 18(g) of the Act, as the information you have requested is not held by the Ministry, and we do not believe it is held by, or more closely connected to the functions of, another agency subject to the Act.
You have the right to seek an investigation and review by the Office of the Ombudsman of my decision to refuse your request, in accordance with section 28(3) of the Act. The relevant details can be found on their website at: www.ombudsman.parliament.nz.
Nāku noa, nā
[withheld]