In our May update on the new requirements that will apply to the issue of LIMs by local authorities from 1 July 2025, we provided an overview of what the new requirements will mean in practice, and some additional comments on the benefit of those changes for both territorial authorities (TAs) and regional councils. 

As 1 July is now on our doorstep, this update provides further comment on how councils should respond to the new requirements and adapt their existing LIM processes. Guidance has recently been issued by DIA for the benefit of the local government sector. This update covers off several additional matters and makes additional observations beyond that covered by the guidance.

The role of regional councils is to provide TAs with hazard information about land within the relevant district, as opposed to at a property level

While the new requirements place obligations on regional councils, their role is distinct from that of a TA. TAs remain responsible for preparing and issuing a LIM, with a regional council required to provide TAs with information that could inform LIMs.

Importantly, the hazard information provision obligations are different, with regional councils required by section 44C(1)(a) to provide information that identifies each natural hazard, potential natural hazard or the cumulative or combined effects of hazards “that affects land in the territorial authority’s district”.

This broader “land in the… district” focus is distinct from the requirements placed on TAs, who are required to include on a LIM hazard information that relates to the “land concerned” ie the specific property that is the subject of the LIM request.

In addition, a regional council is not required to provide the TA with information about natural hazards in response to each and every LIM request. Instead, a regional council’s obligation is to provide the information “as soon as is reasonably practicable in the circumstances”. This is likely to be judged by reference to when the regional council first knew of the information.

These different requirements and obligations reflect the fact that TAs are responsible for issuing the LIMs in response to requests, with the LIMs required to include information that identifies hazards “that affect the land concerned”. The information provided by a regional council cannot be expected to be at this granular level in all cases, and the new requirements and regulations generally reflect this.

We note that the requirement on a regional council to provide information “as soon as is reasonably practicable” is an ongoing obligation ie it continues to apply whenever new information comes into existence. Regional councils and TAs will need to agree a process that ensures all hazard information is provided in accordance with the new requirements, as it is commissioned or received (or amended or even dismissed), so that TAs have the most up-to-date picture of hazard information for the preparation of LIMs.

Information regional councils must provide, and how

Regional council information must be provided in a manner that enables a TA to comply with its LIM obligations (and looking ahead, the new Regulations). That should be the baseline for discussions between councils.

Regulation 16 usefully clarifies that if information held by a regional council is available on a public internet site or hazard portal (which are common across the regional sector), it is sufficient to provide access to the site or portal.

If however regional council information is contained in a technical report, the minimum details of that technical report must be provided to a TA (for inclusion in a LIM). Those details include: who commissioned the report (noting that there will be no breach of the Privacy Act 2020 if a private individual who commissioned the report is named), the purpose and scope of the report, where to access the report (a website link, if one is available), the title and date of the report and the name of the person or entity who prepared the report (Regulations 9 and 16).

A plain language summary of the information is required where the regional council produced or commissioned the information (and not otherwise), and it is considered that a summary will assist a LIM recipient to understand the relevant natural hazard. We note that this will apply irrespective of when the information was produced or known to the regional council. In comparison, a TA does not have to provide plain language summaries for reports known about before 17 October 2025.

As with a TA, a regional council does not need to prepare any new information or undertake any risk assessment in relation to land that is subject to a LIM request. This reflects the existing position that a LIM contains the information already known or held by a council, rather than requiring new information, such as a risk assessment, to be undertaken or prepared (ie it is not an advisory process, but one designed to provide relevant existing information to inform prospective purchasers).

Are there limits on what a TA can do with regional council information?

Yes, Regulation 14 states that if a TA receives information from a regional council, it must not alter it. A TA is required to note in a LIM that the information has been provided by a regional council, and (as noted above) is required to include a link to the regional council’s information or portal where one is available (or any map provided by the regional council).

A consensus view in relation to relevant hazards may be useful

While the new requirements are framed in unambiguous terms, by requiring the RC to provide all known hazard information to a TA, and the TA to include all such information in a LIM (where it affects the land concerned), there may still be a place for a consensus position to be reached between the councils on the relevant hazards that affect land in the district.

This would likely be of assistance for all relevant councils, so that there is clarity on the information that is expected to be provided and considered when preparing LIMs, but also in terms of reducing organisational or political differences in opinion about the likelihood or risk presented by particular hazards. The new requirements go some way towards reducing any potential for disagreement, but in practice there can (at times) be a material difference in the approach taken by different councils to identifying potential hazard risk.

From 1 July 2025, all councils will have the benefit of good faith liability protection in relation to natural hazard information included in a LIM, but that will not preclude judicial review proceedings being brought to challenge the inclusion (or omission) of information in a LIM, or the associated Council processes.

Who decides what information should be provided / included in a LIM?

This is, and should be, an operational decision, as opposed to a governance decision.

Whether information is ‘known’ is different from whether a council endorses or agrees with the content of the information. In practice, the provision of information by a regional council is a function of holding or knowing about the information. For TAs, there is still an assessment to make about whether the information known to it (including information provided by a regional council) meets the threshold in section 44B, including that it is information in relation to the land the subject of the LIM request. For example, not all regional council information provided about hazards affecting land in the “district” will be relevant to the specific land that is the subject of the LIM (and will not, therefore, need to be included in a LIM).

As noted in our earlier update, the inclusion of the “reasonable possibility” test for a “potential” hazard is useful clarification, which draws from existing case law. In general, most of the existing LIM case law will continue to provide useful guidance on the interpretation and application of the new requirements.

Some tips to prepare for the new Regulations, which will apply from 17 October

While the new requirements in the Act will be in force next week, there is still time before the Regulations will bite. We have identified the following practical tips:

• All councils should consider the information that they hold or know about, and ensure that it is ready for publication – either through an online portal or in another form. This includes checking for information and establishing a process across departments and internal units, to ensure relevant information does not “slip through the cracks”.
• Check existing online hazard portals / webpages and confirm what will, and will not, be considered relevant natural hazard information.
• Check the existing summaries on hazard portals / webpages, to ensure that they are sufficiently “plain language” (eg appropriate to the intended LIM audience and clear, concise and well organised, and where possible reflect a consensus position on the appropriate summary).
• Assess whether LIM templates need updating, so that they will comply with the structure required by the Regulations, with separate natural hazard sections that can be adapted to capture the specific information required (Regulations 7 and 8). We note that there is no current restriction on the format of LIMs under LGOIMA, and so TAs could look to shift to a modified LIM template earlier if they consider that efficient.
• Given the increased focus on the use of hazard portals and maps (which are often held in an online format), it will be important for online information and maps to be able to be recorded as being relevant as at specific dates (ie date stamped). This is to ensure that information included in a LIM can be determined as at any particular date, if the information is later altered.

We are here to help

Our experts are ready to assist with any questions you may have about the new LIM requirements, and Regulations, so please get in touch.