Listed land use register

We’re here to provide you with advice on what you should do if your property is found to be contaminated.

Just because your land is included on the publicly available Listed Land Use Register does not necessarily mean it is contaminated. Read the brochure (PDF File, 151.45KB) for more detailed information.

Investigating, managing or remediating contaminated land is generally the landowner’s legal responsibility. We are here to support you by arming you with the information you need to get the job done.

 

Key information

When we identify a Hazardous Activities and Industries List (HAIL) land use, we review the available information and assign the site a category on the Listed Land Use Register (LLUR).

If a site is categorised as Unverified, it means it has been reported or identified as one that appears on the HAIL, but the land use has not been confirmed with the property owner.

Types of registration

When we identify a Hazardous Activities and Industries List (HAIL) land use, we review the available information and assign the site a category on the Listed Land Use Register (LLUR).

Unverified site

If a site is categorised as unverified, it means it has been reported or identified as one that appears on the HAIL, but the land use has not been confirmed with the property owner.

If the land use has been confirmed but the presence or absence of contamination has not been determined, the site is registered as:

Not investigated:

  • a site where past or present use has been reported and verified as one that appears on the HAIL
  • the site has not been investigated. An investigation might typically include sampling and analysis of site soil, water and/or ambient air, and assessment of the associated analytical data
  • there is insufficient information to characterise any risks to human health or the environment from activities on the site. Contamination may have occurred, but should not be assumed to have occurred.

Registering a site

If analytical information from the collection of samples is available, the site can be registered in one of seven ways:

1. At or below background concentrations

The site has been investigated or remediated. The results demonstrate:

  • confirming there are no hazardous substances above local background concentrations other than those that occur naturally in the area.
  • the investigation or validation sampling has been sufficiently detailed to characterise the site.

2. Below guideline values

The site has been investigated. Results demonstrate:

  • that there are hazardous substances present but indicate that any adverse effects or risks to people and/or the environment are so low as to be acceptable
  • the site may have been remediated to reduce contamination to this level, and samples taken afterwards confirm this.

3. Managed

The site has been investigated. Results demonstrate:

  • that there are hazardous substances present in concentrations that have the potential to cause adverse effects or risks to people and/or the environment.

However, those risks are considered managed because:

  • the low risk nature of the use of the site prevents human and/or ecological exposure to the risks; and/or
  • the land has been altered in some way and/or restrictions have been placed on the way it is used which prevent human and/or ecological exposure to the risks.

4. Partially investigated

The site has been partially investigated. Results demonstrate:

  • there are hazardous substances present at the site; however, there is insufficient information to quantify any adverse effects or risks to people or the environment; or
  • do not adequately verify the presence or absence of contamination associated with all HAIL activities that are and/or have been done on the site.

5. Significant adverse environmental effects

The site has been investigated. Results show that sediment, groundwater or surface water contains hazardous substances that:

  • have significant adverse effects on the environment; or
  • are reasonably likely to have significant adverse effects on the environment.

6. Contaminated

The site has been investigated. Results show that the land has a hazardous substance in or on it that:

  • has significant adverse effects on human health and/or the environment; and/or
  • is reasonably likely to have significant adverse effects on human health and/or the environment.

7. Site-specific risk assessment applies

  • the site has been investigated, and a site-specific risk assessment estimated the risk to human health and/or the environment
  • results show that the land has potentially hazardous substances present at levels above the applicable default guidelines.

Verified non-HAIL

If a site has been incorrectly included on the LLUR as having a HAIL, it will not be removed but will be registered as a verified non-HAIL.

The information shows that this site has never been associated with any of the specific activities or industries on the HAIL.

My property is on the register - what does that mean for me?

In New Zealand, investigating, managing or remediating contaminated land is generally the landowner’s legal responsibility.

This is the case even if the contamination was caused by the previous owner. We can provide advice on what you should do if your property is found to be contaminated.

How accurate is the information on the Listed Land Use Register (LLUR)?

We make every effort to ensure we have accurately identified the location, extent and relevant information about each hazardous land use site.

We are confident we have found the majority of sites that are able to be identified and we always update the Listed Land Use Register when new information comes to hand.  If a property isn’t currently on the Listed Land Use Register, it does not necessarily mean it hasn’t been used for a hazardous activity or industry.

It is worth noting that hazardous substances were not always used or stored on all sites occupied by each activity or industry. However, such activities and industries are more likely to use or store hazardous substances, therefore there is a greater probability of site contamination occurring.

Conversely, an activity or industry that does not appear on the list does not guarantee such a site will not be contaminated.

What if I believe my land has been wrongly included on the Listed Land Use Register?

It is important our records are accurate. If you have information, such as a preliminary site investigation or other records that clearly show your property has not had a past hazardous activity, or if other hazardous activities have occurred which we have not listed, please let us know so we can verify this.

If we have incorrectly identified a hazardous activity or industry on your property, it will no longer be listed as potentially contaminated.

Once we have verified it has not been used for an activity on the Hazardous Activities and Industries List, we will retain this information on file so we can ensure that the same site is not re-identified in the future.

For properties that have been verified as not having had a past hazardous activity we will update the register with the following statement: “We have information which shows this property has never been associated with any of the specific land uses on the HAIL list.”

If you have your soil tested, it is important that you get the help of someone who is qualified and experienced (PDF file, 290.93KB). Once they have prepared a report with the results of the investigation, you will need to provide that to us so we can update the Listed Land Use Register record with up to date information.

How is the Listed Land Use Register information used?

Most of our inquiries come from potential property buyers (or their lawyers), or from environmental consultants and engineers working on sites.
We also use the information to prioritise sites for further investigation, management and remediation, to aid with planning and to help assess resource consent applications. These are some of our responsibilities under the Resource Management Act.

City and district councils in Canterbury can also access the information when assessing resource consent applications under the Resource Management Act or Building Act.

Will the value of my house decrease because my property has been listed on the Listed Land Use Register?

The value of your house is dependent on a number of different factors, and there is no firm evidence that being on the Listed Land Use Register will affect the value of your property.

In fact, after we identified sites in Christchurch in 2014 and added them to the register, there was no noticeable effect on property values.
We recommend you talk to a registered valuer.

It is important that you let a tenant or buyer know your land is on the Listed Land Use Register if you intend to rent or sell your property. If you are not sure what you need to tell the other party, you should seek legal advice.

Are P-labs/clan labs on the Listed Land Use Register?

Environment Canterbury sometimes registers clandestine methamphetamine labs (P or clan labs), especially if there is the potential for soil contamination. District or city councils are responsible for public health and safety and will monitor any contamination issues associated with the dwellings.

If you are worried your property has been used for the illegal manufacture of drugs, you can check the Listed Land Use Register, but we also recommend calling your local district or city council or police station to find out more.

Typically after a lab is discovered by the New Zealand Police, any lab-related debris, chemicals and containers, are removed. However, contamination may be left on surfaces and in carpets and furniture, sinks, drains and ventilation systems. These contaminants may pose health hazards to people exposed to them.

Is asbestos included on the Listed Land Use Register?

The manufacture and disposal of asbestos products, including sites with buildings containing asbestos products known to be in a deteriorated condition, is a listed hazardous activity.

We only include sites on the Listed Land Use Register where we know asbestos disposal has occurred, or where there is asbestos confirmed to be in a deteriorated condition.

If we receive an investigation report with laboratory results which show there is asbestos on site, we record this information on the register and work with contractors to ensure any risks to human health are properly managed. For more information on asbestos, please check the Ministry for Health website.