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LIM and PIM Information for Natural Hazards

A LIM (Land Information Memorandum) is a summary of all the information that a council holds on a particular piece of land or building and is prepared in accordance with the Local Government and Official Information and Meetings Act 1987. A LIM is a council report prepared for people considering purchasing a property. It provides information identifying each (if any) special feature or characteristic of the land concerned, including potential natural hazards. This includes, but is not limited to, potential erosion, avulsion, falling debris, subsidence, slippage, alluvion, or inundation. (See the list of Information provided in a LIM).

A PIM (Project Information Memorandum) is a summary of all the information the council holds on the land relating to a particular building consent, project or work, and outlines other consents required to complete that project or work. A PIM is prepared by council on request in accordance with the Building Act for all larger projects, new houses, large alterations and new commercial or industrial buildings. A PIM is useful in establishing the feasibility and design practicality of a project. (See the list of Information provided in a PIM.)

When including hazard information on LIMs and PIMs, councils need to verify the accuracy of information and identify the liability issues associated with hazard identification.

A central hazards register should be used and updated as a source of information for LIMs and PIMs. Any hazards register should have a well documented process in place for collecting, storing and retrieving information. Any information that is documented within a council may be subject to official information requests, and therefore if certain hazard information is not included within the hazard register for LIMs and PIMs, councils may be vulnerable to liability issues in the future.

Information provided in a Land Information Memoranda (LIM)

LIMs are issued under s.44A of the Local Government Official Information and Meetings Act 1987. They may include the following information:

(2)
  1. Information identifying each (if any) special feature or characteristic of the land concerned, including, but not limited to potential erosion, avulsion [removal of land by water action and its possible attachment to other land], falling debris, subsidence, slippage, alluvion [deposition of silt from flooding], or inundation, of likely presence of hazardous contaminants, being a feature or characteristic that -
    1. Is known to the local authority; but
    2. Is not apparent from the district scheme under the Town and Country Planning Act 1977 or a district plan under the Resource Management Act 1991:
  2. Information on private and public stormwater and sewerage drains as shown in the territorial authority 's records:
  3. Information on any rates owing in relation to the land:
  4. Information concerning any consent, certificate, notice, order, or requisition affecting the land or any building on the land previously issued by the territorial authority (whether under the Building Act 1991, the Building Act 2004 or any other Act):
  5. Information concerning any certificate issued by a building certifier pursuant to the Building Act 1991 or the Building Act 2004:
  6. Information relating to the use the land may be put and conditions attached to that use [for example, plan provisions associated with the zoning]:
  7. Information which, in terms of any other Act, has been notified to the territorial authority by any statutory organisation having the power to classify land or buildings for any purpose:
  8. Any information which has been notified to the territorial authority by any network utility operator pursuant to the Building Act 1991 or the Building Act 2004.
(3) In addition to the information provided for in subsection (2) of this section, a territorial authority may provide in the memorandum such other information concerning the land as the authority considered, at its discretion, to be relevant.

 

Note that notwithstanding anything to the contrary in the Local Government Official Information and Meetings Act 1987, there are no grounds for the territorial authority to withhold information specified under s.44A or to refuse to provide a land information memorandum where this has been requested.

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Information provided in a Project Information Memoranda (PIM)

PIMs are issued under s.34 of the Building Act 2004. On receiving an application for a building consent, the building consent authority (which may or may not be the local authority itself) must apply for a PIM from the territorial authority within whose district the work is being carried out. Alternatively, a property or building owner may apply directly to the territorial authority for a PIM if they are considering carrying out building work and a building consent will be needed for that work.

The content of a PIM is set out in s.35 of the Building Act.

(1)

A project information memorandum must include:

  1. Information likely to be relevant to the proposed building work that identifies-
    1. the heritage status of the building (if any); and
    2. each special feature of the land concerned (if any); and
  2. Information likely to be relevant to the proposed building work that, in terms of any other Act, has been notified to the territorial authority by a statutory authority; and
  3. Details of any existing stormwater or wastewater utility systems that-
    1. relate to the proposed building work; or
    2. are on, or adjacent to, the site of the proposed building work; and
  4. details of any authorisation in respect of the proposed building work that the territorial authority, on its own behalf and on behalf of any network utility operator (if the territorial authority is acting as agent for a network utility operator by prior agreement with the network utility operator), is authorised to refuse or require under any Act, except this Act, and in respect of each authorisation,-
    1. a statement of the requirements to be met in order for the authorisation to be granted or imposed; and
    2. the conditions to which an authorisation will be subject; and
  5. if the territorial authority considers that the owner of the building or proposed building to which the project information memorandum relates is likely to be required, under section 21A of the Fire Service Act 1975, to make provision for a scheme that provides for evacuation from the scene of a fire, a statement to that effect; and
  6. if the territorial authority considers that notification to the New Zealand Historic Places Trust is likely to be required under section 39, a statement to that effect; and
  7. either-
    1. confirmation, subject to this Act, that building work may be carried out subject to the requirements of a building consent and subject also to all other necessary authorisations being obtained; or
    2. notification that building work may not be carried out because any necessary authorisation has been refused , despite the issue of building consent; and
  8. if section 75 applies, the statement referred to in section 75(2);

(2) In this section,-

land concerned-

  1. means the land on which the proposed building work is to be carried out; and
  2. includes any other land likely to affect or be affected by the building work.

special feature of the land concerned includes, without limitation, potential natural hazards, or the likely presence of hazardous contaminants, that-

  1. is likely to be relevant to the design and construction or alteration of the building or proposed building; and
  2. is known to the territorial authority; and
  3. is not apparent from the district plan under the Resource Management Act 1991.

Note that information provided under section 35 that is relevant to hazards could include:

The memorandum will also include either:

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