Glenpanel Development Limited v The Expert Consenting Panel under the Covid-19 Recovery (Fast Track Consenting) Act 2020

The dispute between Glenpanel Development Limited and The Expert Consenting Panel under the Covid-19 Recovery (Fast Track Consenting) Act 2020 involved a consent application for a development project that had been referred to the panel. The applicant, Glenpanel Development Limited, sought approval for a construction project, while the panel was tasked with evaluating the application in accordance with the provisions of the Act and the Resource Management Act 1991. The court was required to determine whether the panel had correctly exercised its discretion and whether the statutory criteria were appropriately considered in their decision-making process.

The legal issues before the court encompassed the interpretation and application of the statutory criteria outlined in the Covid-19 Recovery (Fast Track Consenting) Act 2020, as well as the consideration of the Resource Management Act 1991. The applicant contested the panel's decision to reject the consent application, asserting that the panel had failed to adequately consider relevant factors and had not exercised their discretion in accordance with the law. The court's task was to assess whether the panel's decision was lawful, reasonable, and in line with the statutory criteria.

In delivering the judgment, the court found that the panel had correctly exercised its discretion and had appropriately considered the statutory criteria in making its decision. The court emphasised that the panel was required to balance various factors, including the purpose of the Act, the relevant provisions of the Resource Management Act 1991, and the comments received in response to the invitation under section 17(3) of the Covid-19 Recovery (Fast Track Consenting) Act 2020. The court held that the panel's decision was not only lawful but also reasonable, given the specific circumstances of the case. Consequently, the applicant's challenge to the panel's decision was dismissed.

In light of the court's decision, Glenpanel Development Limited's appeal was rejected, and the panel's decision to reject the consent application was upheld. The court's ruling reinforces the importance of properly considering statutory criteria and exercising discretion in accordance with the law when evaluating consent applications for development projects under the Covid-19 Recovery (Fast Track Consenting) Act 2020.