My property has contaminated soil, who is responsible?

Responsibility is complicated. Under the Resource Management Act 1991, regional councils manage contaminated land, and the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health applies when land use changes or soil is disturbed. The person who owns or occupies the land can be required to take action if contamination poses risks, even if they did not cause it. Before you complete the purchase, get a preliminary and, if needed, a detailed site investigation, and check the council's register of hazardous activities and industries, which will appear in a Land Information Memorandum. Ask your lawyer to include conditions in the agreement, such as a right to withdraw if testing shows contamination above safe levels, or a price adjustment. Do not rely on a verbal statement from the seller.