Ineligible activities

Approval for some activities cannot be sought under the Act (and must be applied for under the relevant law applicable to the activity). These are “ineligible” activities and include an activity: 

• On “identified Māori land” as defined in the Act that has not been agreed to by the owners of the land, except if the activity is prospecting, exploration, mining, or mining operations of Crown-owned minerals undertaken below the surface of the land and will not affect the surface.
• In a customary marine title area that has not been agreed to by the customary marine title group, except if the activity is prospecting, exploration, mining, or mining operations of Crown-owned minerals undertaken below the surface of the land and will not affect the surface.  
• In a protected customary rights area that would have a more than minor adverse effect on the exercise of that right and has not been agreed to be the protected customary rights group.
• On “Māori customary land” as defined in the Act or land set apart as a Māori reservation.
• That is an aquaculture activity, or an activity that is incompatible with an aquaculture activity, that would occur within an aquaculture settlement area and where the applicant is not authorised to apply for a coastal permit under the Resource Management Act.
• That, for mining activities, would require an access arrangement under sections 61 and 61B of the Crown Minerals Act and that could not be granted because of Schedule 4 of the Crown Minerals Act, which lists land and ocean with certain conservation status
• Prevented under sections 165J, 165M, 165Q, 165ZC or 165ZDB of the Resource Management Act (relating to occupation of the common marine and coastal areas).
• On land listed under Schedule 4 of the Act, which for non-mining activities replicates Schedule 4 of the Crown Minerals Act – except for Items 12 and 13 of the latter relating to certain Crown land on the Coromandel Peninsula, and the internal waters of the Coromandel Peninsula.  This omission means that non-mining activities in these areas are eligible activities, whereas mining activities remain ineligible. On a national reserve under the Reserves Act 1977 and requires approval under that Act.
• On a reserve under the Reserves Act 1977 that is vested in someone other than the Crown or a local authority and has not been agreed to by that person or persons, except if the activity is prospecting, exploration, mining, or mining operations of Crown-owned minerals undertaken below the surface of the land and will not affect the surface.  
• On a reserve under the Reserves Act 1977 that is managed by someone other than the Department of Conservation or a local authority has not been agreed to by that person or persons, ^{34634ec2-02fd-4337-9d2c-f5b1a75b8549}   except if the activity is prospecting, exploration, mining, or mining operations of Crown-owned minerals undertaken below the surface of the land and will not affect the surface.  
• Prohibited under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act or accompanying regulations.
• That involves the discharge of harmful substances from ships or offshore installations and is prohibited under the Resource Management Act or accompanying regulations.
• That is the dumping or storing of any radioactive waste or other radioactive matter in the coastal marine area.
• That is a “decommissioning-related activity” as defined by Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act.
• Undertaken for the purposes of offshore renewable energy. 

Notably, activities prohibited under the Resource Management Act can be applied for under the Act (if they are not otherwise ineligible). ^{f8b1eacd-7cd3-4e3d-acd4-399a26d87f9b}

The Minister can determine that certain activities are not ineligible. These include:

• On identified Māori land that is Māori freehold land (as defined in the Act) or General land owned by Māori that was previously Māori freehold land: the construction of electricity lines or land transport infrastructure by (or to be operated by) a network utility operator that is a requiring authority. In this context, land transport infrastructure means structures for transport on land by cycleways, rail, roads, walkways or any other means. ^{37ee4d17-d56b-493a-84fa-d879e662cafb}
• On land listed under Schedule 4 of the Act (which includes land with certain conservation status) or national reserve: the maintenance, upgrading or continued operation of existing electricity infrastructure and the construction and operation of new electricity lines. ^{4a9b9f02-0e8e-4bd2-8ca8-9e0f4f9a75ed}   In relation to these activities, certain other matters are disapplied. ^{19fb8316-091a-43e0-ac80-a72c12b5cbf3}

Last updated at 7:40PM on February 7, 2025