In a recent post trying to figure out what information can be on a LIM, I referred back to the Local Government Official Information and Meetings Act 1987. …One of the major purposes of this act is to provide for accountability of local government. But that turns out to be an empty , unenforceable provision when it comes to claims of hazardous activities….. Why? Because to access the “information” you have to agree to a disclaimer that say in effect they are NOT to be held accountable.
Ecan maintains its own database on so called hazardous activities called the listed land use register – a database governed by the Local Govt 1987 Act – so they should be able to be held “accountable”.. If the credibility of the information in the database has anything to do with the willingness of those to compile it to stand up for it…think again! Here is the limitation on their liability you have to “agree” to in order to access their information online. I’ve changed the order of the paragraphs in the disclaimer t put the most relevant ones first….(Bold emphasis added) .
Exclusion of Liability
By accessing and using any information, documents, or tools contained within this site you (the customer) acknowledge and agree that Environment Canterbury:
- Makes no warranty or representation:
- a. Regarding the reliability, accuracy or completeness of the information provided or the level of contamination (if any) at the relevant site; or
- b. That the site to which the information relates is suitable or otherwise for any particular purpose;
- Expressly disclaims and is not responsible to you or any other person for any and all liability for any loss, cost, damage or expense, suffered or incurred by any person as a result of use, reference to, or reliance on any information provided or any documents or tools used.
- Is not liable for any falsified or inaccurate information provided by the customer or any other person for the purpose of obtaining a statement or site management plan from the Listed Land Use Register.
Listed Land Use Register
The information provided is derived from Environment Canterbury’s Listed Land Use Register and is made available to you under the Local Government Official Information and Meetings Act 1987 and in accordance with Environment Canterbury’s Contaminated Land Information Management Strategy (ECan 2009). Environment Canterbury has not verified the accuracy or completeness of this information.
Listed Land Use Register Statement:
The Listed Land Use Register statement summarises information held in Environment Canterbury’s records about land where hazardous activities are known to have occurred or are currently occurring in Canterbury. Environment Canterbury has not verified the accuracy or completeness of this information. If a hazardous activity is not known to be associated with a piece of land this will be indicated in the statement.
Generic and Long-term Site Management Plan documents:
Residential land owners can obtain a site management plan from the Listed Land Use Register if they know or suspect their property is contaminated. The site management plans cover small scale soil disturbances which do not require authorisation from the district council. Scenarios covered include excavations, landscaping, gardening (vegetables and ornamentals) and where children may come in direct contact with or eat soil.