On 13 May 2014 ECan provided access to the information it holds on residential land that it considers is potentially contaminated. This is the culmination of a project whereby it has been going through council records to identify sites that are or have been used for activities which may have resulted in those sites becoming contaminated.

This information is important because it identifies sites that require at the very least contamination investigation reports, and in many cases resource consents, before they can be repaired, developed or put to new uses.

There are however some critical issues you need to know about this register:

  • The listing is not the result of sampling, but only the identification of potential risk, so it is quite feasible that if your property is on the ECan list, it may not actually be contaminated. However, it is now subject to specific restrictions unless a contamination investigation report proves it is uncontaminated
  • A listing on the LLUR affects not only ECan restrictions and consent requirements for listed sites, but also contamination investigation report and resource consent requirements enforced by City and District Councils
  • If you do work that is subject to these restrictions without the right reports or consents, you could be prosecuted by either ECan or the City/District Council

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.