Rodney Local Board Swimming Pool Fencing Exemptions Committee
OPEN MINUTES
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Minutes of a meeting of the Rodney Local Board Swimming Pool Fencing Exemptions Committee held in the Council Chamber, Orewa Service Centre, 50 Centreway Road, Orewa on Monday, 9 December 2013 at 11:00am.
Chairperson |
Warren Flaunty, QSM |
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Deputy Chairperson |
John McLean |
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Members |
James Colville |
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Beth Houlbrooke |
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Rodney Local Board Swimming Pool Fencing Exemptions Committee 09 December 2013 |
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1 Welcome
The Senior Local Board Advisor opened the meeting and called for apologies.
2 Apologies
3 Declaration of Interest
Member Flaunty expressed a declaration of interest in the exemption application from Lorraine Cozens, who lives in his neighbourhood. Member Flaunty took no part in the discussion or decision making for that application.
4 Confirmation of Minutes
There were no minutes to confirm, this being the first meeting of the Rodney Local Board Swimming Pool Fencing Exemptions Committee.
5 Leave of Absence
There were no leaves of absence.
6 Acknowledgements
There were no acknowledgements.
7 Petitions
There were no petitions.
8 Deputations
There were no deputations.
9 Public Forum
There was no public forum.
10 Extraordinary Business
There was no extraordinary business.
11 Notices of Motion
There were no notices of motion.
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The Senior Local Board Advisor called for nominations for the Chairperson of the Rodney Local Board Swimming Pool Fencing Exemptions Committee. Member Flaunty was elected Chairperson and called for nominations for Deputy Chairperson. |
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Resolution number ROD/2013/1 MOVED by Member JG McLean, seconded by Member BP Houlbrooke: That the Rodney Local Board Swimming Pool Fencing Exemptions Committee: a) elects local board member Flaunty as Chairperson of the committee.
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Resolution number ROD/2013/2 MOVED by Member JG Colville, seconded by Member JG McLean: That the Rodney Local Board Swimming Pool Fencing Exemptions Committee: b) elects local board member McLean as Deputy Chairperson of the committee. |
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Applications for Special Exemptions under Section 6 of the Fencing of Swimming Pools Act 1987 |
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Mark Satherley (Team Leader Compliance and Enforcement) in attendance for this item. |
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Resolution number ROD/2013/3 MOVED by Member WW Flaunty, seconded by Member JG McLean: That the Rodney Local Board Swimming Pool Fencing Exemptions Committee: a) receive the applications by: i) Julian R Alai, 135 Sunnyside Road, Coatesville. ii) Romoos Family Trust, 233 Glenmore Road, Coatesville. iii) Lorraine Cozens, 102 Amreins Road, Taupaki. iv) Richard & Tiffany Cosmann, 11 Jeffs Road, Dairy Flat. v) Geoff Taylor, 26 Puriri Place, Sandspit. vi) Gary Caldwell, 618 Matakana Road, Warkworth. vii) Lyn & Peter Heaphy, 616 Ridge Rd, Riverhead. viii) Mike Wilson, 814 Ridge Rd, Riverhead. ix) Kylie Sanderson, 449 Rodney Rd, Pakiri x) Anthony & Barbara Gorton, 6 Kutai Lane, Omaha xi) Michael & Norma Neil, 443 Mahurangi West Road, Mahurangi West.
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Secretarial Note: The applications for swimming pool fencing exemptions were heard in the following order:
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Resolution number ROD/2013/4 MOVED by Member BP Houlbrooke, seconded by Member JG Colville: That the Rodney Local Board Swimming Pool Fencing Exemptions Committee: b) GRANT THE APPLICATION by Julian Alai, 135 Sunnyside Road, Coatesville for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an above ground spa pool subject to the exemption being personal to the applicant and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 a) to k) inclusive: a) The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; k) Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.
c) GRANT THE APPLICATION by Romoos Family Trust, 233 Glenmore Road, Coatesville for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an above ground spa pool subject to the exemption being personal to the applicant and subject to the latches being fixed and the timber deck column having its cavity filled to the height of the pool to reduce the climbing point and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 a) to k) inclusive: a) The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; k) Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.
d) GRANT THE APPLICATION by Lorraine Cozens, 102 Amreins Road, Taupaki for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an above ground spa pool subject to the exemption being personal to the applicant and the removal of all items between the wall of the house and the spa pool and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 a) to k) inclusive: a) The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; k) Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.
e) GRANT THE APPLICATION by Richard and Tiffany Cosmann, 1 Jeffs Road, Dairy Flat for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an above ground spa pool subject to the exemption being personal to the applicant and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 a) to k) inclusive: a) The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; k) Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.
f) GRANT THE APPLICATION by Gary Caldwell, 618 Matakana Road, Warkworth for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an above ground spa pool subject to the exemption being personal to the applicant and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 a) to k) inclusive: a) The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; k) Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.
g) GRANT THE APPLICATION by Lyn and Peter Heaphy, 616 Ridge Road, Riverhead for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an above ground spa pool subject to the exemption being personal to the applicant and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 a) to k) inclusive: a) The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; k) Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.
h) GRANT THE APPLICATION by Mike Wilson, 814 Ridge Road, Riverhead for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an above ground spa pool subject to the exemption being personal to the applicant and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 a) to k) inclusive: a) The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; k) Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.
i) GRANT THE APPLICATION by Kylie Sanderson, 449 Rodney Road, Pakiri for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an above ground spa pool subject to the exemption being personal to the applicant and the spa being placed at least 1200mm from the wooden steps and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 a) to k) inclusive: a) The top of the spa pool or hot tub shall be positioned with the entire top surface not less than 760mm above the surrounding ground or deck; b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised; k) Removable steps, movable furniture, or other objects that can assist a young child to climb onto the cover, shall be stowed/stored away at least 1200mm from the side of the spa pool or hot tub.
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Secretarial Note: The applicant, Michael Neil, in attendance for this item. Mr Neil was given the opportunity to speak to his application.
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Resolution number ROD/2013/5 MOVED by Member JG McLean, seconded by Member BP Houlbrooke: That the Rodney Local Board Swimming Pool Fencing Exemptions Committee: j) GRANT THE APPLICATION by Michael and Norma Neil, 443 Mahurangi West Road for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for a swimming pool subject to the exemption being personal to the applicant and subject to the following conditions: i) the interior door accessing the spa room shall be fitted with a self closer and a self closing latch at 1.5m or higher above the floor. ii) the French doors accessing the pool area are to be fitted with a self closing latch at 1.5m or higher. iii) ranchsliders accessing the pool area are to be fitted with lockable top bolts, or made to self close and self latch. iv) bifold doors accessing the pool area already have top bolts and these are to remain in place. v) the retaining wall next to the pool entry shall be built up to at least 1.2m above the ground level and be not able to be climbed from the lower side. vi) a complying pool fence is to be installed from the back corner of the spa room to the retaining wall beside the road and this fence shall continue along the top of the retaining wall until it meets the fence behind the swimming pool and from this point the fence continues around the back of the pool following around the rock edge until the fence meets with the built up retaining wall. |
Secretarial Note: The applicant, Geoff Taylor, in attendance for this item. Mr Taylor was given the opportunity to speak to his application.
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Resolution number ROD/2013/6 MOVED by Member BP Houlbrooke, seconded by Member WW Flaunty: That the Rodney Local Board Swimming Pool Fencing Exemptions Committee: k) GRANT THE APPLICATION by Geoff Taylor, 26 Puriri Place, Sandspit for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an in ground spa pool subject to the exemption subject to the exemption being personal to the applicant and subject to NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools, Spas and Hot Tubs 3.10 ‘Above-ground spas and hot tubs’ 3.10 b) to j) inclusive: b) The cover shall be lockable and shall be kept locked when the spa pool or hot tub is not being used or supervised. A locking device shall contain a mechanical locking mechanism or a self-locking mechanism in addition to latching shut; c) The locks shall not be able to be readily opened or released by a child of up to the age of six years; d) When locked the cover shall be fitted so that if lifted it does not release the locking device or provide a clearance greater than 100mm; e) The cover shall be made of a material that if walked on cannot collapse and can withstand the weight of at least 20kg to ensure that it will more than take the weight of a child up to six years old; f) The cover shall be constructed of material that meets ASTM F1346-91 to allow easy movement on and off the spa pool or hot tub; g) The cover shall be constructed with a taper from the centre hinge to the outside edge of the cover so that water will not pond on top of it; h) The cover shall have an evenly spaced mechanical locking device as required in b) which shall be positioned to ensure the cover cannot be lifted more than 100mm by a child up to six years of age, and ensures that the cover is fixed securely to the spa pool or hot tub; i) The cover and locks shall be maintained at all times in a good state of repair; j) Warning stickers/sign shall be placed on the cover to advise that it shall be locked in place when the spa pool or hot tub is not being used or supervised. |
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Resolution number ROD/2013/7 MOVED by Member JG Colville, seconded by Member BP Houlbrooke: That the Rodney Local Board Swimming Pool Fencing Exemptions Committee: l) GRANT THE APPLICATION by Anthony and Barbara Gorton, 6 Kutai Lane, Omaha for special exemption under section 6 of the Fencing of Swimming Pools Act 1987 for an in ground spa pool subject to the exemption being personal to the applicant and subject to the following conditions (some of which were imposed by the former Rodney District Council on the former owner of the property): i) The pool shall continue be maintained and enclosed by an isolation barrier where a wall of a house contains doors opening from the house to the immediate pool area (regardless of direction of door swing). Should the doors not be self-closing and self-latching, then a lockable door latch 1500mm above finished floor level shall be provided on every opening door-set. ii) An automatic pool cover that complies with ASTM F 1346-91, and an alarm complying with UL 2017 capable of detecting unauthorised access from the house into the immediate pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.
OR:
Where an automatic pool cover is not installed in an existing pool, an alarm that complies with UL 2017 and a pool alarm that complies with ATM F2208 be fitted in addition to lockable door latches at 1500mm from the finished floor level including safety signage on every door set.
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14 Consideration of Extraordinary Items
There was no consideration of extraordinary items.
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Resolution number ROD/2013/8 MOVED by Member WW Flaunty, seconded by Member JG McLean: That the public be excluded from the following part(s) of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.
This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows: 13 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachments b - K
The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.
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11.45am The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Rodney Local Board Swimming Pool Fencing Exemptions Committee HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................