I hereby give notice that an ordinary meeting of the Hibiscus and Bays Local Board Swimming
Pool Fencing Exemptions Committee will be held on:
|
Date:
Time:
Meeting Room:
Venue:
|
Friday, 14
February 2014
1.30pm
Council
Chamber
Orewa Service Centre
50 Centreway Road
Orewa
|
|
Hibiscus and Bays Local Board Swimming
Pool Fencing Exemptions Committee
OPEN AGENDA
|
MEMBERSHIP
|
Chairperson
|
Julia Parfitt, JP
|
|
|
Deputy Chairperson
|
Janet Fitzgerald
|
|
|
Members
|
Gaye Harding
|
|
|
|
Lisa Whyte
|
|
(Quorum 2 members)
|
|
|
Vivienne Sullivan
Local Board Democracy Advisor
21 January 2014
Contact Telephone: (09) 427 3317
Email: vivienne.sullivan@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
|
|
Hibiscus and
Bays Local Board Swimming Pool Fencing Exemptions Committee
14 February
2014
|
|
ITEM TABLE OF CONTENTS PAGE
1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
9 Public Forum 5
10 Extraordinary Business 5
11 Notices of Motion 6
12 Applications for Special Exemptions under Section 6 of the
Fencing of Swimming Pools Act 1987 7
13 Consideration of Extraordinary
Items
PUBLIC EXCLUDED
14 Procedural Motion to Exclude the Public 11
12 Applications for Special Exemptions under Section 6 of the
Fencing of Swimming Pools Act 1987
a. 1362 Whangaparaoa Road 11
b. 1 Whangaparaoa Road 11
c. 29 Clansman Terrace 11
d. 64 Haigh Access Road 12
e. 27 Glenelg Road 12
f. 84 Duck Creek Road 12
g. 108 Kowhai Road 12
h. 12 Tree Fern Trail 13
2 Apologies
At the close of the agenda no apologies had been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from
decision making when a conflict arises between their role as a member and any
private or other external interest they might have.
4 Confirmation of Minutes
|
That the Hibiscus and Bays Local Board Swimming Pool Fencing
Exemptions Committee:
a)
confirm the ordinary minutes of its meeting,
held on Friday, 6 December 2013, as a true and
correct record.
|
5 Leave of Absence
At the close of
the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been
received.
7 Petitions
At the close of the agenda no requests to present petitions had been
received.
8 Deputations
At the close of the agenda no requests for deputations had been
received.
9 Public Forum
A period of
time (approximately 30 minutes) is set aside for members of the public to
address the meeting on matters within its delegated authority. A maximum of 3
minutes per item is allowed, following which there may be questions from
members.
At the close of the agenda no requests for public forum had been
received.
10 Extraordinary Business
Section 46A(7) of the Local Government Official Information and
Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with
at that meeting if-
(a) The local authority by resolution so
decides; and
(b) The presiding member explains at the
meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item
cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and
Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting
if-
(i) That item is a minor matter relating to
the general business of the local authority; and
(ii) the presiding member explains at the
beginning of the meeting, at a time when it is open to the public, that the
item will be discussed at the meeting; but
(b) no resolution, decision or recommendation
may be made in respect of that item except to refer that item to a subsequent
meeting of the local authority for further discussion.”
11 Notices of Motion
At the close of the agenda no requests for notices of motion had
been received.
|
Hibiscus and
Bays Local Board Swimming Pool Fencing Exemptions Committee
14 February
2014
|
|
Applications
for Special Exemptions under Section 6 of the Fencing of Swimming Pools Act
1987
File No.:
CP2013/29217
Purpose
1. The
purpose of this report is to present the Hibiscus and Bays Local Board Swimming
Pool Fencing Exemptions Committee with applications for special exemption from
some of the requirements of the Fencing of Swimming Pools Act 1987 (the Act).
Executive Summary
2. The
Hibiscus and Bays Local Board Swimming Pool Fencing Exemptions Committee must
conduct a hearing and consider the applications for special exemption. The
Local Board must resolve to decline, grant or grant subject to conditions, the
exemptions sought.
|
Recommendation/s
That the Hibiscus and Bays Local Board Swimming Pool Fencing Exemptions
Committee:
a) Receive the
applications by:
i) Jill Ryan, 1362 Whangaparaoa Road, Army
Bay.
ii) William
& Yolanda Falzone, 1 Whangaparaoa Road, Red Beach.
iii) Nobilo Family Trust (Paul Gallagher), 29 Clansman Terrace,
Okoromai Bay.
iv) Mr & Mrs
Antony Large, 64 Haigh Access Road, Redvale.
v) Sharon Turner, 27 Glenelg Road, Red Beach.
vi) Aileen Lusty, 84 Duck Creek Road, Stillwater.
vii) Guy McKee, 108 Kowhai Rd, Campbells Bay.
viii) Paul &
Lesley Harper, 12 Tree Fern Trail, Campbells Bay.
b) Determine the
applications, by way of resolution, to:
i) grant the
application for special exemption as sought, or
ii) grant the
application subject to conditions, or
iii) decline the
application for special exemption sought.
|
Discussion
3. Auckland
Council pool inspectors have inspected the properties, which are the subject of
an application before the Local Board. In each case, the swimming pool fencing
does not comply with that Act. The details of non-compliance are specified in
the attachments to this report. The applicants have chosen to seek a special
exemption from the requirements of the Act.
4. The
purpose of the Act is stated to be “to promote the safety of young children by
requiring the fencing of … swimming pools”.
5. The
Act requires pool owners to fence their pool with a fence. Specific detail on
the means of achieving compliance with the Act is contained in the schedule to
the Act. If a pool is not fenced with a complying fence it is an offence under
the Act, unless exempt.
6. An
exemption can only be granted by the Local Board after a consideration of the
particular characteristics of the property and the pool, other relevant
circumstances and taking into account any conditions it may impose. Then, only
if “satisfied that an exemption would not significantly increase the danger to
young children”, can an exemption be granted.
7. Defining
the immediate pool area will be relevant to considerations concerning the
property and the pool. The immediate pool area means the land in or on which
the pool is situated and as much of the surrounding area that is used for
activities or purposes related to the use of the pool. The Act provides that
the fence should be situated to prevent children moving directly to the pool
from the house, other buildings, garden paths and other areas of the property
that would normally be available to young children.
8. Another
common consideration for Local Boards in exemption applications will be
instances where a building forms part of the pool fence. Where doors from a
building open into the pool area, the Territorial Authority may grant an
exemption from compliance with clauses 8 to 10 of the schedule to the Act. It
may exempt if it is satisfied that compliance with the Act is impossible,
unreasonable or in breach of any other Act, regulation or bylaw, and the door
is fitted with a locking device that when properly operated prevents the door
from being readily opened by children under the age of 6 years. If the Local
Board is satisfied that a door within a wall in a building meets that test, the
Local Board must also be satisfied that an exemption would not significantly
increase the danger to young children.
9. When
granting a special exemption, the Committee may impose such other conditions
relating to the property or the pool as are reasonable in the circumstances
(section 6(2) of the Act). Issues to be considered include:
a. Will
the exemption be personal to the applicant so that on a sale of the property a
new owner will need to apply for a new exemption? This might be appropriate
where the personal circumstances of the applicant have been considered as a
relevant circumstance and had a bearing on the exercise of the discretion.
b. Will
the exemption be granted for a fixed term and irrespective of changes of
ownership so that the exemption runs with the property?
c. Are
there any other conditions which should be imposed, repairs to existing
fencing, or a requirement for more frequent inspection of the pool (currently
pools are inspected every three years).
10. Any
exemption granted or condition imposed may be amended or revoked by the
swimming pool exemption committee by resolution. The rules of natural justice
would however dictate that this action should not be taken without prior notice
to the pool owner and allowing the pool owner an opportunity to be heard.
11. The
recommendations contained within this report fall within the Local Board’s
delegated authority.
12. The
Act enables an exemption to be granted from clauses 8 to 10 of the Act (doors
in walls of buildings) if the Local Board is satisfied that compliance with the
Act is impossible, unreasonable or in breach of any other Act, regulation or
bylaw and the door is fitted with a locking device that when properly operated
prevents the door from being readily opened by children under the age of 6
years.
13. The
overarching consideration in terms of the Act is that a resolution to grant an
exemption may only be made after having regard to the particular
characteristics of the property and the pool, any other relevant circumstances
and any conditions it may impose, and only if it is satisfied that such an
exemption would not significantly increase the danger to young children.
14. The
Local Board may resolve to grant, grant subject to conditions, or decline an
application for special exemption. If an application is declined the applicant
will be required to fence their pool in accordance with the Act.
15. The
exemption hearing process under the Act does not trigger the significance
policy but it is an important statutory function.
16. The
Council is committed to ensuring that Auckland is a safe place for children to
live and play in. Pool fencing issues have a strong relationship with the
Council’s strategic priorities for community safety.
Consideration
Local Board Views
17. The
Local Board is the decision maker in relation to exemption applications under
the Act.
Maori Impact Statement
18. This
report does not raise issues of particular significance for Maori.
General
19. Compliance
with the Act is a mandatory requirement for all pool owners unless exempt.
20. Council’s
pool inspectors have consulted with the applicants. The applicants have been
made aware of the Council’s requirements to ensure fencing is compliant with
the Act. The applicants have elected to seek a special exemption for
individual reasons.
Implementation Issues
21. The decision
must be made by resolution.
Attachments
|
No.
|
Title
|
Page
|
|
aView
|
1362 Whangaparaoa Road (Under
Separate Cover) - Confidential
|
|
|
bView
|
1 Whangaparaoa Road (Under
Separate Cover) - Confidential
|
|
|
cView
|
29 Clansman Terrace (Under
Separate Cover) - Confidential
|
|
|
dView
|
64 Haigh Access Road (Under
Separate Cover) - Confidential
|
|
|
eView
|
27 Glenelg Road (Under Separate
Cover) - Confidential
|
|
|
fView
|
84 Duck Creek Road (Under Separate
Cover) - Confidential
|
|
|
gView
|
108 Kowhai Road (Under Separate
Cover) - Confidential
|
|
|
hView
|
12 Tree Fern Trail (Under Separate
Cover) - Confidential
|
|
Signatories
|
Authors
|
Mark Satherley - Team Leader
Compliance and Enforcement
|
|
Authorisers
|
Ian McCormick - Manager Building
Control
Lesley Jenkins - Relationship Manager
|
|
Hibiscus and
Bays Local Board Swimming Pool Fencing Exemptions Committee
14 February
2014
|
|
Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Hibiscus and Bays Local Board Swimming Pool
Fencing Exemptions Committee:
a) exclude the
public 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.
12 Applications for Special Exemptions under Section
6 of the Fencing of Swimming Pools Act 1987 - Attachment a - 1362 Whangaparaoa Road
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains the applicants
details..
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
12 Applications for Special Exemptions under Section
6 of the Fencing of Swimming Pools Act 1987 - Attachment b - 1 Whangaparaoa Road
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be likely
to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains the applicants details.
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
12 Applications for Special Exemptions under Section
6 of the Fencing of Swimming Pools Act 1987 - Attachment c - 29 Clansman Terrace
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains the applicants
details..
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
12 Applications for Special Exemptions under Section
6 of the Fencing of Swimming Pools Act 1987 - Attachment d - 64 Haigh Access Road
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains the applicants details.
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
12 Applications for Special Exemptions under Section
6 of the Fencing of Swimming Pools Act 1987 - Attachment e - 27 Glenelg Road
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains the applicants details.
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
12 Applications for Special Exemptions under Section
6 of the Fencing of Swimming Pools Act 1987 - Attachment f - 84 Duck Creek Road
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains the applicants details.
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
12 Applications for Special Exemptions under Section
6 of the Fencing of Swimming Pools Act 1987 - Attachment g - 108 Kowhai Road
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains the applicants details.
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
12 Applications for Special Exemptions under Section
6 of the Fencing of Swimming Pools Act 1987 - Attachment h - 12 Tree Fern Trail
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains the applicants details.
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
