This article was first published by RNZ.
This week at Parliament, a petitioner revealed to the Petitions Committee the existence of a draft fast track bill, which predates government formation.
The petition was calling for the government to reveal which projects were to be included in the government’s fast track legislation.
The evidence of a pre-coalition bill, that it originated with Shane Jones, and that it already contained projects threatened to overshadow the petition’s focus on the actual bill.
The petitioner, Richard Capie representing Forest and Bird, gained the evidence via an Official Information Act response from National MP Chris Bishop. Bishop’s OIA response included a draft fast track bill that he had received from New Zealand First’s Shane Jones during the coalition negotiations at the end of last year.
In section 14 of the draft bill given to Bishop, titled the ‘Nationally and Regionally Significant Projects and Other Matters Bill’, there is reference to an ‘expert consenting panel’ which ‘considers listed projects’. These listed projects, section 14 says, are described in Schedule 1 of the bill.
After flicking over the pages of the draft bill to the bit with Schedule 1 on it, you’re met with a large grey box, covering up half the page. In other words, in the copy that Capie received, the list of projects in Schedule 1 had been redacted. The redaction was explained by the legal privilege held by the Parliamentary Counsel Office (which presumably did not draft the Shane Jones bill).
The OIA revelation suggests a number of things. That a list of possible fast track projects has existed since late last year. That the list was created by New Zealand First before they were part of the government, and possibly prior to the election. Consequently, it’s possible that the inclusion of potential projects could have been part of New Zealand First’s coalition negotiations with National and ACT.
Reporting from The Newsroom suggests that this list includes two gold mines and two coal mines.
Comparing the redacted project list from Shane Jones’s bill to the list that Chris Bishop has declined to add to the Fast Track Approval Bill would be interesting (if those lists were public). Capie suggested to the Petitions Committee that Parliament should be investigating this.
“I think the New Zealand Parliament should see that list of projects, should be able to see the list of projects that were put forward in this draft bill, and see what overlap there is; and ask good questions about probity involving that.”
The Petitions Committee presides over Parliament’s petitions process, and following deliberations about the petition in question, it can make recommendations to Parliament.
Capie’s petition is unusual in that it asks the Petitions Committee to ask another committee to do something; well actually to not do something.
Specifically, it requests that the Environment Committee taihoa in their consideration of the controversial Fast Track Approvals Bill, because it currently omits the schedule listing projects given immediate entry into the Fast Track Process.
The government has said that list will be added to the bill once the committee has reported back to the House. Citing the need for transparency, Capie told Petitions Committee members on Thursday that the public should be given the chance to have their say on the list of projects prior to the bill being reported back to the House.
“On Monday, the minister reconfirmed the government’s intention to provide the list of projects for Schedule 2 after the select committee has finished its deliberations,” Capie told the committee. “This will effectively deprive the New Zealand public, you and your parliamentary colleagues, the opportunity to properly scrutinise those projects, which you will then be asked to vote on.”
Jones’ draft bill seems to take inspiration from Labour’s Covid-19 Recovery (Fast-track Consenting) Act 2020, which was used by the previous government in an attempt to bolster economic recovery during the height of the pandemic. It’s important to note however, that unlike the government’s current Fast Track Approvals Bill, Labour’s 2020 bill included a list of projects from the very start of its legislative journey.
The petitions process
If you’ve ever had a browse on Parliament’s petitions page, you would have noticed there are a heck of a lot of them on there. Regardless of how many signatures they get, what the subject matter is, and what they want Parliament to do, they’re given the same prescription of consideration by the committee.
Naturally, these petitions come from a colourful range of New Zealanders, all with a pet issue. Joe Bloggs in Timaru may want Parliament to change the speed limit on the main street, the union of cobblers may want Parliament to give fairer pay to shoemakers - you get the idea. Ultimately, petitions are another instrument for democratic participation, just like voting or submitting to a select committee. Richard Capie is advocating for more transparency in parliamentary scrutiny and public engagement.
“I think New Zealanders deserve to know what is being considered in their backyards.”
Listen to audio from Capie’s submission, along with some analysis from RNZ’s The House.
Article by Phil Smith of RNZ.