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Safety

Unexpected site contamination

This can change development yield, consent pathway, purchase price, funding, construction cost, settlement timing, or legal risk. Treat it as a decision point, not background noise.

Due diligence / earthworksHighcontaminationsoilearthworksenvironmentalLast reviewed 11 August 2026

What it looks like

  • Soil staining, odour, buried waste, fuel/oil history, or consultant advice suggests contamination.
  • Earthworks disposal costs increase.

Likely causes

  • Historic land use
  • old tanks
  • buried waste
  • unidentified fill
  • neighbouring activity

Immediate action

  1. 1Pause the affected decision or commitment until the issue is understood.
  2. 2Record the issue in the risk register with date, source, owner, and next action.
  3. 3Send the relevant documents to Environmental consultant, Planner, Civil contractor and ask for written advice.
  4. 4Update feasibility, programme, budget, and decision register if cost, time, yield, consent, title, finance, or sales assumptions may change.

Step-by-step solution

  1. 1Define the problem in one sentence and identify which project decision it affects.
  2. 2Check the controlling documents: LIM, Property file, Environmental report, Earthworks records, and related project records.
  3. 3Ask the responsible professional to confirm whether the issue is real, minor, manageable, or project-changing.
  4. 4List the available options: redesign, renegotiate, seek consent, add cost allowance, change programme, change sales strategy, or abandon.
  5. 5Price and programme each option using the current feasibility model.
  6. 6Make a written decision with source references and approval from the developer or project owner.
  7. 7Notify affected parties such as lender, lawyer, consultants, builder, agent, buyer, or council when required.

What not to do

  • Do not rely on a seller, agent, or builder comment when a planner, lawyer, accountant, engineer, surveyor, valuer, lender, or council needs to confirm it.
  • Do not hide the issue from the feasibility just because the project looked profitable yesterday.
  • Do not waive due diligence, lodge consent, sign a contract, approve a variation, or promise settlement while the issue is unresolved.
  • Do not give legal, tax, finance, planning, engineering, or council advice to others unless a qualified professional has confirmed it.

Verification

Source / where to check

Use current official information and the controlled documents for the actual project.

Use the LIM to check council-held information relevant to the land. Treat it as one due diligence document, not a substitute for title, survey, planning, engineering, legal, or finance advice.

Review historic building consents, drainage plans, previous approvals, CCC records where available, and historic plans. Compare records with what physically exists on site.

Relevant professional advice

Planner, surveyor, architect, engineer, quantity surveyor, lawyer, accountant, lender, valuer, real estate agent, and other project specialists must confirm site-specific decisions.

Project-specific consented documents and professional advice override generic guidance.

Cost impact

High if testing, remediation, special disposal, consent, or redesign is needed.

Programme impact

High if work must stop for testing/remediation.

Risk level

High

Compliance and contract impact

Check whether the issue changes the resource consent pathway or conditions, building consent documents, consultant scope, sale and purchase conditions, finance terms, construction contract scope, notice requirements, variation process, or settlement obligations.

Example email / decision wording

Subject: Unexpected site contamination — advice and decision required. We identified this issue during due diligence / earthworks. The current evidence is listed in the attached record. Please confirm the controlling requirement, available options, cost/programme implications, further information needed, and whether any consent, contract, funding, or settlement action must pause. No assumption has been approved pending written advice.

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