Information that Hawke's Bay Regional Council released to the media today should be treated with caution by both news media and landowners.
After advice from the Privacy Commissioner not to release landowner information publicly, Council has been instructed by the Ombudsman to disclose sites identified in the Hazardous Activity and Industry List or HAIL list. While it names potentially hazardous sites, the HAIL list is unverified, but will be made available to media on 12 October following media requests under the Official Information Act.
Hawke’s Bay Regional Council has written to all 1800 property owners to inform them that their property or properties are on the list, to provide the property data that Council holds, advise what it means to be on the list and of the ruling to release this information publicly.
“We are aware that some people will now be concerned about the status of their property and this information being made freely available. Conflict between the Privacy Commissioner’s advice and the Ombudsman’s ruling has created tension between the privacy rights of land-owners and the public’s right to disclosure. However the Ombudsman’s ruling clarifies the Official Information Act and has persuaded the Council that the public should be able to access this information,” said Chairman Alan Dick.
Prior to this ruling, the Regional Council believed it had an obligation to respect the privacy of property owners and the commercial sensitivity of the content, at least until the information was fully verified.
The initial HAIL list was developed in 1995. It was compiled by consultants using information from such sources as telephone books and business directories as far back as the 1930s.
“The Regional Council has attempted to confirm or update the information where possible, but the list in part is based on unreliable sources. We have worked with local councils, land owners and Government departments in recent years to carry out remediation work on priority sites in the region, such as landfills, gas works, timber treatment plant sites and old petroleum storage sites, to ensure minimal risk to the wider community,” said Resource Management Group Manager, Darryl Lew. “Additionally, Council runs an Agri Chemical collection and disposal service to proactively manage risks in the rural sector. We believe that potential public health risks have been well managed.”
The Council says that the list is not a register of confirmed hazardous sites. It is simply a compilation of activity and industry types that may have stored or used hazardous substances. This includes paint shops, garages, petrol stations, sheep dips, market gardens, former rubbish dumps, orchards, glass houses or other places where the use of persistent agricultural chemicals occurred.
While the list has 3099 individual properties, this equates to only about 1800 property owners of which most are industrial or commercial locations. In addition, there are a relatively small number of residential sites on the list. Hawke’s Bay Regional Council asks that property owners who have received letters contact them and speak to staff about the status of their property if they wish.
“We are particularly interested in any reports or information that can now be used to update the land use data held by the Regional Council and other Local Authorities,” said Mr Lew. |