Lead-based paint is a well-known source of potential contamination, particularly from weatherboard or roughcast-clad homes built before 1945. There are regulations for managing contaminants in soil.
When this paint turns to dust or flakes off, it can contaminate surrounding soil, posing a risk to human health when disturbed – particularly for children and pregnant women. You or family members might grow your own vegetables or have contact with soil for another reason. The links below provide some useful health advice.
That’s why we’re introducing a new step in our resource consent and building consent process for these pre-1945 homes, which will apply only in some limited circumstances. The focus is on soil close to a house.
If you own one of these homes, and you’re seeking resource consent for a subdivision, earthworks, soil disturbance, or a change of use, you may need to get your soil tested and provide us with the results as part of your consent application. Seeking a building consent may also require soil testing but is likely to be a small number of applications.
We expect only a small number of properties each year will be affected by this change. For everybody else, nothing changes.
The existing process is for test results to be provided to the Otago Regional Council. Depending on the finding’s the ORC may add the site to the Listed Land Use Register. Also, depending on the results of this testing ORC consent may also be required.
You will need to manage the risk in an appropriate way – which could be as simple as hiring a contractor to remove topsoil from around a building as part of any consented work. The soil must go to an approved landfill.
We’re required by law to manage these sorts of risks responsibly.
The good news is several Dunedin companies offer soil testing and removal services. Soilsafe Aotearoa also offers a free postal-based testing service, but this is not suitable for resource consent purposes
Stantec NZ Residential lead review November 2023
Process guide when undertaking development of painted pre 1945 buildings
A flow chart has been prepared to provide a guide when proposing development of property that has or had been a painted wooden or roughcast building constructed before 1945. The flow chart provides guidance on when a resource consent will be required.
HAIL Status Assessment and Development Scenario Flow Chart
Lead based paint - FAQs
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Why is lead-based paint an issue?
Lead-based paint was commonly used to paint many New Zealand homes until it was phased out beginning in 1965. Lead-based paint remains the biggest source of non-occupational exposure to lead, particularly in homes painted prior to 1945 when lead concentrations in paints were at the highest levels.
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Why is the DCC doing this now?
The DCC, like other councils across New Zealand, has an ongoing process of reviewing procedures and responding to regulatory change. We have also received professional advice about the likelihood of lead in soil from paint on pre-1945 buildings. All councils are legally required to manage these sorts of risk in an appropriate way.
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Which homes are affected?
Weatherboard and roughcast-clad homes built prior to 1945 are considered most at risk from contamination from lead-based paint, and to a lesser degree accessory buildings.
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Is this problem unique to Dunedin?
No. Lead-based paint was commonly used throughout New Zealand and in many countries and similar issues remain in those countries too.
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What are the health risks from lead-based paint?
Lead-based paint is considered the single biggest source of non-occupational exposure to lead. Lead-based paint dust or flakes can contaminate nearby soil over time, and when that soil is then disturbed the risk to human health increases. If family members have contact with the soil, or you grow vegetables, you may want to consider how to manage the potential risk. Health New Zealand have useful advice about lead and human health.
More information:
- Health New Zealand | Te Whatu Ora – lead-based paints
- Health New Zealand | Te Whatu Ora – lead poisoning and its symptoms
- United Nations Environment Programme – Q+A on lead-based paint
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I own a pre-1945 home – what should I do?
If you’re not planning work that requires a resource consent (for example, for subdivision, earthworks or a change of use) you don’t need to do anything.
If you are planning work that requires resource consent, and your home was built before 1945, you will need to use a suitable company to carry out soil tests and provide us with the results as part of your consent application.
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What happens if my soil is contaminated?
If your soil is found to contain lead above the acceptable limits, your property may be added to the Otago Regional Council’s Listed Land Use Register. You will also need to take appropriate steps to manage any risk when undertaking work, which may be as simple as using a suitable contractor to remove contaminated topsoil, capping it on site, or taking steps to limit soil disturbance to a permitted level.
If you’re not planning to undertake work that would require a resource consent, you don’t need to do anything else.
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I’m renovating my old home myself – should I be worried?
Dust from old lead-based paint can be a health risk for DIY renovators undertaking work on pre-1945 homes. You need to take appropriate precautions to protect your own health and others at your home.
Health New Zealand | Te Whatu ora has more information about safety tips for DIY renovators.
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What is HAIL land?
HAIL stands for Hazardous Activities and Industries List (HAIL). A property considered to be a HAIL site is one in which historic practices such as the manufacture, use, storage or disposal of chemicals on site have likely left behind some contaminants in the soil.
Contaminated sites are often associated with industrial activities, but commercial, agricultural and residential land uses or activities can also result in contamination. This includes the use of lead-based paint.
You can find more information about HAIL sites here: Ministry for the Environment
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What is the HAIL database?
The Otago Regional Council’s Listed Land Use Register (otherwise referred to as the HAIL database) lists all properties where information has identified a current or past land use that has contaminated land: Otago Regional Council | Contaminated Land
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What happens if my property is added to the HAIL register?
Once a property is on the register, it needs to be appropriately managed to mitigate any risk to human health. If you’re not planning any work that might disturb the contamination, it may be that no further action is required.
If you are undertaking work on HAIL site, and it is not permitted by the regulations, a resource consent will be required along with an outline of the steps you’ll take to manage the risks – which may be as simple as hiring an appropriate contractor to remove contaminated soil and take it to the appropriate landfill.
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My site has soil contamination – can I still carry out work on my home or property?
Yes. There are regulations that allow for certain activities to occur as of right if they comply with the regulations. In other instance a resource consent will be required along with an outline of the steps you’ll take to manage the risks – which may be as simple as hiring an appropriate contractor to remove contaminated soil. It will be necessary to obtain some professional advice.
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How many Dunedin homes are likely to be affected by this?
A large number of Dunedin homes were built prior to 1945 and many will have been painted using lead-based paints, but we expect only a small number each year will be covered by the requirement for soil testing.
If you’re not planning work that requires a resource consent you don’t need to do anything.
If you are planning work that requires resource consent (for example, a subdivision, earthworks, or a change of use), and your home was built before 1945, you will need to contract a suitably qualified company to carry out soil tests and provide us with the results as part of your consent application.
Where can I find more information?
- Information on lead-based paint: Health New Zealand | Te Whatu Ora
- What is HAIL (Hazardous Activities and Industries List)? A copy of the regulations can be viewed on the MfE website: Ministry for the Environment –
- Contaminated land: Otago Regional Council
- Q+A on lead-based paint: United Nations Environment Programme