Swings + Roundabouts Summer 2017

35 / 48

has been subject to the intentional or
accidental release of a hazardous substance
in sufficient quantity that it could be a risk
to human health or the environment is
captured. This can include land that may be
subject to soil contamination from the past
use of lead-based paints.
Under the NES, changing the use of HAIL
land to a use that is reasonably likely to
harm human health, disturbing the soil, or
subdividing it, is likely to trigger the need
for specialist investigation by qualified
experts to determine whether lead is present
in the soil and whether it exceeds normal
background levels. The Ministry for the
Environment has produced guideline levels
for various soil contaminants including lead3.
Depending on the results of the investigation
About Gerard and Establish: Gerard McCarten is Operations Manager at
Establish and has over 16 years’ experience in the regulatory, planning
and resource management sector working for local authorities and private
organisations both in New Zealand and overseas. Establish is New Zealand’s
only specialist ECE development consultancy and are industry leaders in
providing comprehensive development services for the childcare sector,
including site finding, due-diligence, resource consenting and complete
childcare developments.
For more information visit or email
and level of contamination found a resource
consent and/or remediation work may be
necessary.
For both new and altered childcare
centres, councils are increasingly requiring
evidence of whether the potential for lead
contamination in soils has been investigated
and what measures are proposed to
remediate contamination if found.
A detailed site investigation and
remediation action plan will be able to
determine an appropriate methodology for
decontamination. For example, this might
involve the removal of contaminated soil to
an approved disposal facility or constructing
a hard cover such as concrete or asphalt.
As a rule of thumb, establishing a childcare
centre use (including home-based care) on
a site that contains or contained a building
built before 1996 will require consideration
of the potential for soil contamination
from historical use of lead-based paint.
The likelihood of contamination on the
site will increase the older it is, with tests
on properties that have or had pre-1980
buildings likely to produce results indicating
lead contamination of the soil.
As part of its services, Establish can ensure
soil contamination issues are fully addressed.
We would be happy to assist you should you
have any questions about the impact of the
soil contamination on your childcare centre
plans. For further information don’t hesitate
to contact us.
1Ministry of Health. 2012.
The Environmental Case
Management of Lead-exposed
Persons: Guidelines for Public
Health Units: Revised 2012.
Wellington: Ministry of Health
2Resource Management (National
Environmental Standard for
Assessing and Managing
Contaminants in Soil to Protect
Human Health) Regulations
2011
3Ministry for the Environment.
2011. Methodology for
Deriving Standards for
Contaminants in Soil to Protect
Human Health. Wellington:
Ministry for the Environment.
December 2017 { 35 }