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) |
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| (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.
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:
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(2) In this section,-
land concerned-
- means the land on which the proposed building work is to be carried out; and
- 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-
- is likely to be relevant to the design and construction or alteration of the building or proposed building; and
- is known to the territorial authority; and
- 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:
- information on special land features including potential, such as:
- erosion
- avulsion (removal of land by water action)
- falling debris
- subsidence
- slippage
- alluvion (the deposition of silt from flooding)
- known active faults
- presence of hazardous contaminants which are likely to be relevant to the design, construction or alteration of your proposed building which are known to council
- information notified to council by any statutory organisation, such as the New Zealand Historic Places Trust or the Department of Conservation, which has the power to classify land or buildings for any purpose
- details of stormwater or wastewater utility systems which relate to your proposed building work, or which are adjacent to your building site
- details of any authorisations under other Acts which the council requires, and details of the requirements to be met in the granting of these authorisations and the conditions they will be subject to. The most common authorisations will be resource consents required under the Resource Management Act 1991.
The memorandum will also include either:
- confirmation, subject to other provisions of the Act, that you may carry out the building work subject to the requirements of the building consent and subject also to all other necessary authorisations being obtained, or
- notification that building work may not be undertaken.
