HAIL Site
A property listed on the Hazardous Activities and Industries List โ a register of land where activities that could cause contamination have taken or are taking place.
What is a HAIL Site?
HAIL stands for Hazardous Activities and Industries List, maintained by the Ministry for the Environment. It identifies activities and industries that are likely to cause land contamination โ such as petrol stations, timber treatment plants, sheep dips, orchards (due to historical pesticide use), dry cleaners, and landfills.
If a property has been used for any activity on the HAIL list at any time in its history, the land is considered potentially contaminated. This doesn't mean the land is necessarily contaminated, but it triggers additional obligations under the National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health (NES-CS).
HAIL status affects what you can do with the land. Before you can change the land use, subdivide, or disturb the soil on a HAIL site, you may need to get a Detailed Site Investigation (DSI) to assess contamination levels. If contamination is found, remediation may be required before development can proceed.
Why It Matters for Due Diligence
HAIL status can mean unexpected costs, development restrictions, and potential health risks. Even if the hazardous activity happened decades ago, the contamination may persist in the soil. Remediation costs can range from a few thousand dollars to hundreds of thousands, depending on the type and extent of contamination.
Always check the LIM report and your regional council's contaminated land database. If the property has HAIL status, get a Preliminary Site Investigation (PSI) and potentially a Detailed Site Investigation (DSI) before committing to purchase.
How to Check
The LIM report will note known HAIL activities on the property. Your regional council maintains a database of sites with known or suspected contamination โ you can request a property enquiry. The council's Selected Land Use Register (SLUR) or equivalent database records sites where HAIL activities have occurred.
Frequently Asked Questions
Does HAIL status mean the land is definitely contaminated?
Not necessarily. HAIL status means a potentially contaminating activity has occurred on the site. The actual contamination level can only be determined through soil testing (a Detailed Site Investigation). Some HAIL sites have low or no contamination, while others require significant remediation.
Can I still build on a HAIL site?
Yes, but you'll likely need a soil investigation first. Under the NES-CS, any change of use, subdivision, or soil disturbance on a HAIL site triggers an assessment process. If contamination is found above guideline levels, remediation or management measures will be required before building can proceed.
Related Terms
Contaminated Land
GlossaryLand that contains hazardous substances at concentrations that pose a risk to human health or the environment.
LIM Report
GlossaryA Land Information Memorandum โ an official council report summarising everything the council knows about a property.
Resource Consent
GlossaryPermission from the local council to carry out an activity that affects the environment, required under the Resource Management Act 1991.
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.
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