22 December 2004

MfE releases legal opinions

The Ministry for the Environment has released legal opinions that Environment Minister Marian Hobbs says will clarify what should be included on the Land Information Memorandums of property formerly used for horticulture.

Marian Hobbs said she hoped the opinions would help resolve uncertainty for councils and residents alike.

"Both Crown Law opinions are clear that councils are not required to place a notice on a Land Information Memorandum just because land has been used for past horticultural activity," Marian Hobbs said. "The opinions go on to say that councils do have discretion if they wish to include information about horticultural activity on LIMs, but there are other mechanisms to provide the public with information about land – for example through the district plan and general publication."

The Crown Law opinions have been forwarded to Auckland councils and are available on the Ministry for the Environment website at www.mfe.govt.nz

The minister said the Ministry for the Environment will continue to work with councils to ensure a consistent approach to this issue and will develop a strategy with the Auckland Regional Council for determining the risk, if any, of hotspots from past horticultural activities.

ENDS

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