I hereby give notice that an ordinary meeting of the Hibiscus and Bays Local Board Swimming
Pool Fencing Exemptions Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Friday, 5
September 2014
1.30pm
Local Board
Office
2 Glen Road
Browns Bay
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Hibiscus and Bays Local Board Swimming
Pool Fencing Exemptions Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Julia Parfitt, JP
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Deputy Chairperson
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Janet Fitzgerald, JP
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Members
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Gaye Harding-Kirikiri
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Lisa Whyte
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(Quorum 2 members)
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Vivienne Sullivan
Local Board Democracy Advisor
1 September 2014
Contact Telephone: (09) 427 3317
Email: vivienne.sullivan@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Hibiscus and
Bays Local Board Swimming Pool Fencing Exemptions Committee
05 September
2014
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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 Report Name: Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 7
13 Consideration of Extraordinary
Items
PUBLIC EXCLUDED
14 Procedural Motion to Exclude the Public 11
12 Report Name: Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987
a. 21 Garadice Road, Rothesay Bay 11
b. 55 Seaton Road, Murrays Bay 11
c. 48 Penzance Road, Mairangi Bay 11
d. 10 Albatross Road, Red Beach 11
e. 106 Wade River Road, Arkles Bay 11
f. 1458 Whangaparaoa Road, Army Bay 11
g. 49 William Bayes Place, Red Beach 11
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
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That the Hibiscus and Bays Local Board Swimming Pool Fencing
Exemptions Committee:
a)
confirm the ordinary minutes of its meeting,
held on Friday, 15 August 2014, including the
confidential section, as a true and correct record.
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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
Standing Order 3.20 provides for deputations. Those applying
for deputations are required to give seven working days’ notice of subject
matter and applications are approved by the Chairperson of the Board.
This means that details relating to deputations can be included in the
published agenda. Total speaking time per deputation is ten minutes or as
resolved by the meeting.
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.
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Hibiscus and
Bays Local Board Swimming Pool Fencing Exemptions Committee
05 September
2014
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Report Name:
Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of
Swimming Pools Act 1987
File No.: CP2014/18662
Purpose
1. To
enable the Hibiscus and Bays Local Board Swimming Pool Fencing Exemptions
Committee to conduct a hearing and consider the following applications for
special exemption from some of the requirements of the Fencing of Swimming
Pools Act 1987.
Executive summary
2. The
Fencing of Swimming Pools Act 1987 requires that only local boards can give
exemptions to certain parts of the Act.
3. The
applicants have asked that the local board grant them an exemption for their
spa pools as they comply with the requirements for exemptions from the Act.
4. The
local board must resolve to grant, grant subject to conditions or decline the
exemptions sought.
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Recommendation/s
That the Hibiscus
and Bays Local Board Swimming Pool Fencing Exemptions Committee:
a) receive
the applications by:
i. Judy
Lee – 21 Garadice Road, Rothesay Bay
ii. Jenny
Draper – 55 Seaton Road, Murrays Bay
iii. Lance
Newing – 48 Penzance Road, Mairangi Bay
iv. Logan
Cullen and Mel Lewin, 10 Albatross Road, Red Beach
v. Brian
Francis Perry, 106 Wade River Road, Arkles Bay
vi. Sonya
Baldwin, 1458 Whangaparaoa Road, Army Bay
vii. G
and S Bishop, 49 William Bayes Place, Red Beach
b) 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. decline
the application for special exemption sought
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Comments
5. 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 pool
fencing does not comply with the Act. The details of the non-compliance are
specified in the attachments to this report. Council’s pool inspectors have
consulted with the applicants in each case. The applicants have been made
aware of the council’s requirements to ensure fencing is compliant with the Act
and they have chosen to seek a special exemption from the requirements of the
Act for individual reasons.
6. The
purpose of the Act is “to promote the safety of young children by requiring the
fencing of swimming pools”.
7. The
Act requires pool owners to fence their pool. Specific detail on this is
contained in the schedule to the Act. If a pool does not have complying fence
it is an offence under the Act, unless exempt.
8. 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.
9. The
definition of the immediate pool area, which is “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”, is a key consideration
for granting an exemption.
10. The
Act says the fence should be situated to prevent children from 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.
11. Where
a building forms part of the pool fence and there are doors opening into the
pool area, the local board may grant and exemption from compliance with clauses
8 and 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.
12. When
granting a special exemption the local board may impose such other conditions
relating to the property or the pool as are reasonable in the circumstances.
These may 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?
b. Will
the exemption be granted for a fixed term and irrespective of changes of
ownership?
c. Are
there any other conditions which should be imposed, repairs to existing fencing
or a requirement for a more frequent inspection of the pool?
Strategic Links
13. 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.
Legal and Legislative Implications
14. Compliance
with the Act is a mandatory requirement for all pool owners unless exemptions
are granted by the local board.
Consideration
Local board views and implications
15. The
recommendations contained within this report fall within the local board’s
delegated authority.
16. 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.
17. The
local board may resolve to grant, grant subject to conditions, or decline the
application for special exemption.
18. If the
application is declined the applicant will be required to fence the pool in
accordance with the Act.
Māori
impact statement
19. There are no
particular impacts on Maori that are different from those of other pool owners.
Implementation
20. The decision must be made by resolution.
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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21 Garadice Road, Rothesay Bay (Under Separate
Cover) - Confidential
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b
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55 Seaton Road, Murrays Bay (Under Separate Cover)
- Confidential
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c
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48 Penzance Road, Mairangi Bay (Under Separate
Cover) - Confidential
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d
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10 Albatross Road, Red Beach (Under Separate Cover)
- Confidential
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e
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106 Wade River Road, Arkles Bay (Under Separate
Cover) - Confidential
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f
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1458 Whangaparaoa Road, Army Bay (Under Separate
Cover) - Confidential
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g
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49 William Bayes Place, Red Beach (Under Separate
Cover) - Confidential
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Signatories
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Authors
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Phillip Curtis - Senior Swimming Pool Specialist
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Authorisers
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Barry Smedts - Manager Compliance
Lesley Jenkins - Relationship Manager
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Hibiscus and
Bays Local Board Swimming Pool Fencing Exemptions Committee
05 September
2014
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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 Report Name: Swimming Pool Fencing Exemption –
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachments a - G
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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.
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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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