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