Contaminated Land
Land that contains hazardous substances at concentrations that pose a risk to human health or the environment.
What is a Contaminated Land?
Contaminated land in New Zealand is managed under the Resource Management Act 1991 and the National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health (NES-CS). Land becomes contaminated when hazardous substances — such as heavy metals, pesticides, petroleum products, or industrial chemicals — are present in the soil at levels that could harm people or the environment.
Contamination can come from many sources: historical industrial use, agricultural chemicals (sheep dips, orchards, market gardens), fuel storage, landfills, and more. New Zealand's pastoral and industrial history means contamination is more common than many buyers expect, particularly in rural areas and older urban-industrial zones.
The health risks from contaminated land depend on the type of contaminant, its concentration, and how people interact with the soil. Risks can include direct contact, inhalation of contaminated dust, consumption of contaminated groundwater, or eating produce grown in contaminated soil.
Why It Matters for Due Diligence
Contaminated land can pose direct health risks to your family and create significant financial liabilities. Remediation costs can be substantial — from tens of thousands for minor contamination to millions for severely contaminated sites. Contamination also affects property value, insurance, and lending.
If the LIM report or regional council records indicate potential contamination, insist on soil testing before purchasing. Understand who is liable for remediation costs — in many cases, the current landowner bears responsibility regardless of who caused the contamination.
How to Check
Check the LIM report for contamination notes and HAIL status. Contact your regional council to search their contaminated sites register (known by various names: SLUR, LLUR, or Contaminated Sites Register depending on the region). For properties with suspected contamination, commission a Preliminary Site Investigation (PSI) from an environmental consultant.
Frequently Asked Questions
Who pays for contaminated land remediation?
Generally, the current landowner is responsible for managing contamination on their property, regardless of who caused it. This is why checking for contamination before buying is so critical — you could inherit a costly cleanup obligation. In some cases, the polluter can be held liable under the RMA, but this can be difficult to enforce.
Can contaminated land be cleaned up?
Yes, most contaminated sites can be remediated, but the cost and complexity vary enormously. Options range from removing and replacing contaminated soil, to capping and containment, to in-situ treatment. A contaminated land specialist can advise on the best approach and likely costs for a specific site.
Related Terms
HAIL Site
GlossaryA property listed on the Hazardous Activities and Industries List — a register of land where activities that could cause contamination have taken or are taking place.
LIM Report
GlossaryA Land Information Memorandum — an official council report summarising everything the council knows about a property.
Remediation
GlossaryThe process of repairing, restoring, or cleaning up a building or land to fix defects, remove contamination, or bring it to a safe and compliant standard.
Resource Consent
GlossaryPermission from the local council to carry out an activity that affects the environment, required under the Resource Management Act 1991.
Asbestos
GlossaryA group of naturally occurring fibrous minerals once widely used in New Zealand building materials, now known to cause serious lung diseases and cancer when fibres are inhaled.
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