New Zealand: Danger lurking underground - Buying land with contamination issues

Last Updated: 16 April 2017
Article by Celia Barker

Much of the land in New Zealand has been used for more than one purpose. Previous uses can have unanticipated consequences for prospective owners. For example:

  • Sites of early dry cleaning operations which used various chemicals, have now become the sites of central city office buildings.
  • Rural land may now be built on, although there may be residual effects from farm chemicals in the soil or offal pits, hwhich could have potential long lasting effects that future users need to be aware of.

Building on contaminated sites
Before a building consent is issued, the Council will want to check the history of a site, often requiring soil tests. The building consent can be issued with appropriate conditions both to protect those working on the site while building work progresses aswell as future users.

In previously industrial areas, various light manufacturing and office warehousing have been built pre and post-earthquake and often on sites that are well known to have been contaminated. This activity has increased following the Canterbury earthquakes, as it is not considered a good environmental option to excavate sites and move contaminated soil to other sites, creating problems elsewhere. Requirements to cover areas of contaminated land with asphalt are often put in place, and rules to protect workmen on building sites become part of the building consent process e.g. requirements to wear protective clothing, gloves, masks etc.

Buildings once completed: Future protection
There can be strict requirements to protect future users of new buildings, e.g. drainage contractors who may in future have to dig contaminated ground under a new building or its hardstand areas to repair drains. They need to be aware of contaminated ground and the nature of the contamination. Requirements to enforce these protections are usually required to be registered on the title and specific site plans prepared to protect future workers if there is a need to disturb the contaminated soil on the property.

Lender's viewpoint
Such notices remain on the title, and while obviously necessary and sensible, may be off putting. The known and potential effects need to be taken into consideration by current and future owners and landlords. It can have a significant effect on successfully financing a purchase.

Any bank approached to lend on such a property will want to be sure that the council-imposed requirements showing on the title are being followed. Any prospective purchaser will need to think carefully as to the implications once they are the owner and may understandably anticipate some problematic issues regarding future ease of use of the land including leasing. It is all too easy in years to come, to forget and not warn any workers entering such a property if they need to disturb the soil. We have seen examples of such oversight.

Unit titles properties
Where there is more than one building, such as a group of unit titles with a Body Corporate ownership, some owners may not be owner occupiers, and there will be several different landlords who are part of a body corporate. The body corporate manager should be responsible for ensuring compliance. To do so however, the body corporate manager needs to be informed of the legal requirements registered on the title, and this is easy to overlook. There will be some additional costs in managing the building as a consequence.

Things to remember

  • If you are the owner of a building with underlying contaminated land and with a notation on your title, or are looking to buy a property which has such a notice on the title, be careful to ensure you comply fully with the health and safety requirements and have adequate procedures in place to ensure compliance is not overlooked. Forgetfulness or ignorance will not be an acceptable excuse if there is an injury to a tenant or worker who is not warned of the sites specific safety requirements.
  • If you are looking to buy a building with a notice on its title, especially if it is a unit title and therefore one of a number of units, you need to check that the body corporate manager and other owners have been complying with the legal requirements and the systems they have in place for future compliance.
  • A trading bank will almost inevitably refuse to finance a purchase if the safety compliance reports and work to enforce them has been or continues to be overlooked. An assurance as to future compliance could be offered to the bank and they may make this a condition of lending. Proof will be required on or before settlement, and this may be hard to obtain if the property is only one Unit Title in a unit development. The other owners may not be prepared to agree (or if they do, to do so promptly), to authorise the cost of necessary reports or contracts with providers to authorise erection of signs and all other work needed to ensure future compliance.
  • Notices on titles show up as part of doing title due diligence, and can be investigated then by asking for proof of compliance by the vendor.
  • It is important to understand the nature and previous uses of the land you own or are considering buying. The potential future costs of owning such land, will, if you are a purchaser, need to be fully considered before you decide whether to proceed.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.