13 Workshop overview

Capability and capacity (13)

Variable or lack of capability and capacity within councils and consultants

Identification (12)

Difficulty identifying contaminated land

Information (10)

Lack of information on contaminated sites and inconsistent databases/registers between councils (district and city councils and regional councils)

Roles and responsibilities (10)

Uncertainty of roles and responsibilities between agencies (health agencies, regional councils, district and city councils, the Ministry etc). RMA s.30/31 functions are unclear and lack teeth

Guidelines (10)

Guidance is incorrectly and inconsistentlyapplied by practitioners

Guidelines are inconsistent, incomplete and need review

Legislation (8)

Uncertain legislative definition of contaminated land: what is a “significant adverse environmental effect” (RMA definition)? What is “reasonably likely”?

Lack of legislative requirements to require the use of existing guidance

Uncertain controls on passive discharges

Liability (8)

Absence of a pre-1991 liability regime and uncertainty over whether there is going to be retrospective legislation

Inadequate post-1991 liability regime makes it easy for polluters to avoid liability

Community understanding (8)

Lack of understanding by the wider community of the risks and council requirements of contaminated land

Concern about the diffuse contamination of agricultural and horticultural land through the existing use of fertilisers, agrichemicals and timber treatment preservatives

Remediation and disposal (7)

Remediation is hindered by lack of information on techniques, the relative expense of remediation and the public preference for “dig and dump”

Variable and overly restrictive disposal controls between regions

The Contaminated Sites Remediation Fund is too small and its scope is too narrow

Working together (7)

Variable practice and communication between agencies

Ministry for the Environment central government policy (6)

Issues with existing central government policy programmes and strategy

Diffuse sources (6)

Lack of understanding of urban background levels of contaminants

Concern about the diffuse contamination of agricultural and horticultural land through the existing use of fertilisers, agrichemicals and timber treatment preservatives

Human health vs. ecosystem health (5)

Lack of guidance and unclear delineation between human heath and ecosystem health is causing inconsistency between councils and practitioners

National environmental standards (4)

Concerns about the use of a national environmental standard

Inconsistent plans and variable practice (4)

Variable and inconsistent district and regional plans

Inconsistent practice by councils in how they use guidance, assess and control land