Local body chiefs agreed not to reveal contamination risk

By BERNARD ORSMAN

The chief executives of the seven Auckland councils agreed more than a year ago not to tell thousands of ratepayers that their properties were potentially contaminated with dangerous levels of DDT, arsenic, lead and copper from horticultural sprays.

The deal has come to light after the Waitakere City Council director of public relations, Wally Thomas, accused Auckland City of "breaking ranks" with a regional agreement to disclose the information only on land information memorandum (LIM) reports when properties were sold.

Waitakere chief executive Harry O'Rourke yesterday confirmed that the chief executives forum agreed about August last year to flag the information on LIM reports pending site-specific soil testing standards from the Ministry for the Environment.

Legal advice obtained by Auckland and Waitakere councils said that "likely presence of hazardous contaminants" only required the councils to put the information on LIM reports.

Auckland City has refused to release its legal advice, saying it is covered by legal privilege and will remain secret.

By choosing not to inform people, the chief executives have effectively withheld potential health hazards from families and left people unprepared for a potential loss of value when selling their homes. LIM reports are normally requested by a buyer at the time of a house sale.

One source told the Herald that when the decision was taken the chief executives had serious concerns about the credibility of an Auckland Regional Council report on contamination of horticultural soils, the limited numbers of sites tested and the use of Canadian testing guidelines, among the most stringent in the world.

The 2002 ARC report has helped councils to pinpoint potentially affected properties in their areas.

Waitakere has found about 3000 properties. Last year, the council notified Oratia residents that some topsoil would have to be scraped off and carted away if they subdivided. It has not notified the majority of potentially affected owners.

An Auckland City Council study of old aerial photographs has identified 4872 potentially affected properties. North Shore has nearly completed a study and the Manukau City Council is waiting on the ministry guidelines before doing one.

All the councils insist former horticultural land is tested before allowing subdivisions.

Mr O'Rourke said he had no warning that Auckland City was going to break ranks on the regionally agreed position.

Auckland City decided to notify potentially affected homeowners only when the Herald started making inquiries on October 27.

Dirty dirt

* Auckland City says it has 4872 affected properties.

* Testing of 17 council parks found five with problems.

* Waitakere says it has 3000 affected properties.