4AMeaning of ineligible activity

1. In this Act, ineligible activity means any of the following:

2. an activity that—
   1. would occur on identified Māori land; and
   2. has not been agreed to in writing by the owners of the land or been subject to a determination under section 22D :
3. an activity that—
   1. would occur in a customary marine title area; and
   2. has not been agreed to in writing by the customary marine title group:
4. an activity that—
   1. would occur in a protected customary rights area; and
   2. would have a more than minor adverse effect on the exercise of the protected customary right; and
   3. has not been agreed to in writing by the protected customary rights group:
5. an activity that would occur on either of the following classes of land:
   1. Māori customary land:
   2. land set apart as a Māori reservation under Part 17 of Te Ture Whenua Maori Act 1993:
6. an activity that—
   1. would occur in an area that is taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996; and
   2. would have a more than minor adverse effect on the use or management of the area; and
   3. has not been agreed to in writing by the tangata whenua of the area:
7. an aquaculture activity or an activity that is incompatible with aquaculture activities—
   1. that would occur within an aquaculture settlement area declared under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 or an area reserved under another Treaty settlement for the aquaculture activities of a particular group; and
   2. for which the applicant is not authorised to apply for a coastal permit under the Resource Management Act 1991:
8. an activity that would require an access arrangement under section 61 or 61B of the Crown Minerals Act 1991 for an area for which an access arrangement or a permit cannot be granted under that Act:
9. an activity that would be prevented under section 165J, 165M, 165Q, 165ZC, or 165ZDB of the Resource Management Act 1991:
10. an activity (other than an activity that would require an access arrangement under the Crown Minerals Act 1991) that would occur on land that is listed in Schedule 3A of this Act:
11. an activity that—
    1. would occur on a national reserve held under the Reserves Act 1977; and
    2. requires approval under that Act:
12. an activity that—
    1. would occur on a reserve held under the Reserves Act 1977 that is vested in someone other than the Crown; and
    2. has not been agreed to in writing by the person or persons in whom the reserve is vested:
13. an activity that—
    1. would occur on a reserve held under the Reserves Act 1977 that is managed by someone other than the Department of Conservation; and
    2. has not been agreed to in writing by the person or persons responsible for managing it:
14. an activity that is—
    1. a prohibited activity under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or regulations made under that Act; or
    2. an activity that is described in section 15B of the Resource Management Act 1991 and is a prohibited activity under that Act or regulations made under it; or
    3. an activity that is prohibited by section 15C of the Resource Management Act 1991:
15. a decommissioning-related activity (which is an activity described in section 38(3) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012):
16. an activity undertaken for the purposes of an offshore renewable energy project.

17. The agreement referred to in subsection (1)(j) or (k) must be not be unreasonably withheld.