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Manurewa Local
Board Swimming Pool Fencing Exemptions Committee
12 February
2014
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ITEM TABLE OF CONTENTS PAGE
1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Public Forum 5
5 Swimming Pool Fencing Exemption – Special Exemption (Section
6) Fencing of Swimming Pools Act 1987 7
PUBLIC EXCLUDED
7 Procedural Motion to Exclude the
Public 19
CONFIDENTIAL SECTION
5 Swimming Pool Fencing Exemption – Special Exemption (Section
6) Fencing of Swimming Pools Act 1987
a. 18 Ranfurly Rd Application 19
c. 18A Saralee Dr Application 19
e. 21 Paulownia Pl Application 19
g. 31 St Annes Cres Application 20
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Manurewa Local
Board Swimming Pool Fencing Exemptions Committee
12 February
2014
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Swimming
Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming
Pools Act 1987
File No.:
CP2014/01526
Purpose
1. The purpose of this report is to present to
the Manurewa Local Board 4 applications for special exemptions from some of the
requirements of the Fencing of Swimming Pools Act 1987 (The Act).
Executive Summary
2. The Local Board must conduct a hearing and
consider each of the applications for special exemption. The Local Board must
resolve to decline, grant or grant subject to conditions, the exemptions
sought.
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Recommendation/s
a) That the
report be received.
b) That the
Local Board receive the applications by:
i) Shane
Powell & Gillian Rudd – 18 Ranfurly Road, Alfriston
ii) Daniel
Trotman – 18A Saralee Drive, Manurewa
iii) Gregory
Lowe – 21 Paulownia Place, Totara Heights
iv) Lesley
& Dean Beatson – 31 St Annes Cres, Wattle Downs
c) That the
Local Board determine each application, by way of resolution, to:
i) grant
the application for special exemption as sought, or
ii) grant
the application subject to conditions, or
iii) declining the application for special exemption sought
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Discussion
3.
a) Each property, which is the subject of an
application before the Local Board, has been inspected by Auckland Council pool
inspectors. In each case, the swimming/spa pool fencing does not comply with
that Act. The details of non-compliance in each case vary and are specified in
the attachments to this report. Each applicant has chosen to seek a special
exemption from the requirements of the Act.
b) The purpose of the Act is stated to be “to
promote the safety of young children by requiring the fencing of … swimming
pools”.
c) 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.
d) 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.
e) 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.
f) 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.
g) 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).
h) 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.
Consideration
4. The recommendations contained within this
report fall within the Local Board’s delegated authority.
5. 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.
6. 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.
7. The Local Board may resolve to grant, grant
subject to conditions, or decline an application for special exemption.
8. If an application is declined the applicant
will be required to fence their pool in accordance with the Act.
9. The exemption hearing process under the Act
does not trigger the significance policy but it is an important statutory
function.
10. The Council is committed to ensuring the
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.
Local Board Views
11. The
Local Board is the decision maker in relation to exemption applications under
the Act.
Maori Impact Statement
12. This
report does not raise issues of particular significance for Maori.
General
13. Compliance with
the Act is a mandatory requirement for all pool owners unless exempt.
14. Council’s pools inspectors have consulted with
the applicants in each case. 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
15. The
decision must be made by resolution and contain conditions (if any).
Attachments
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No.
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Title
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Page
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aView
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18 Ranfurly Rd Application - Confidential
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bView
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18 Ranfurly Rd evaluation sheet
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11
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cView
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18A Saralee Dr Application - Confidential
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dView
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18A Saralee Dr evaluation sheet
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13
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eView
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21 Paulownia Pl Application - Confidential
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fView
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21 Paulownia Pl evaluation sheet
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15
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gView
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31 St Annes Cres Application - Confidential
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hView
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31 St Annes Rd evaluation sheet
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17
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Signatories
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Authors
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Chant'e Bellve - Swimming Pool
Inspector
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Authorisers
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Ian McCormick - Manager Building
Control
Rex Hewitt - Relationship Manager
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Manurewa Local
Board Swimming Pool Fencing Exemptions Committee
12 February
2014
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Exclusion of the Public: Local Government
Official Information and Meetings Act 1987
That the Manurewa 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.
5 Swimming
Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming
Pools Act 1987 - Attachment a -
18 Ranfurly Rd Application
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this resolution
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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.
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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 details about access to the
property that should remain confidential to protect the privacy of the
applicant..
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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.
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5 Swimming
Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming
Pools Act 1987 - Attachment c -
18A Saralee Dr Application
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this resolution
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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.
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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 details about access to the
property that should remain confidential to protect the privacy of the
applicant..
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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.
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5 Swimming
Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming
Pools Act 1987 - Attachment e -
21 Paulownia Pl Application
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this resolution
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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.
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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 details about access to the
property that should remain confidential to protect the privacy of the
applicant..
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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.
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5 Swimming
Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming
Pools Act 1987 - Attachment g -
31 St Annes Cres Application
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this resolution
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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.
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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 details about access to the
property that should remain confidential to protect the privacy of the
applicant..
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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.
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