I hereby give notice that an ordinary meeting of the Franklin Local Board Swimming Pool Fencing Exemptions Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Tuesday, 11 November 2014

8.30am

Local Board Chambers
Pukekohe Service Centre
82 Manukau Road
Pukekohe

 

Franklin Local Board Swimming Pool Fencing Exemptions Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Murray Kay

 

Members

Brendon Crompton

 

 

Sarah Higgins

 

 

Dr Lyn Murphy

 

 

(Quorum 2 members)

 

 

 

Gaylene Harvey

Democracy Advisor

 

29 October 2014

 

Contact Telephone: (09) 237 1310

Email: Gaylene.Harvey@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 

 

 

 

Franklin Local Board Swimming Pool Fencing Exemptions Committee

11 November 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        Special exemption application for spa pools                                                             7  

13        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

14        Procedural Motion to Exclude the Public                                                                 11

12        Special exemption application for spa pools

a.      Application for 42A Carlton Road, Pukekohe                                                 11

b.      Application for 100 Victoria Avenue, Waiuku                                                 11

c.      Application for 23 Heald Road, Hunua                                                            11  

 

1          Welcome

 

The Chairman will open the meeting and welcome everyone present.

 

 

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 Franklin Local Board Swimming Pool Fencing Exemptions Committee confirms the ordinary minutes of its meeting, held on Tuesday, 8 July 2014, including the confidential section, 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

 

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.

 

Franklin Local Board Swimming Pool Fencing Exemptions Committee

11 November 2014

 

 

Special exemption application for spa pools

 

File No.: CP2014/24906

 

  

 

Purpose

1.       The purpose of this report is to present to the Franklin Local Board Swimming Pool Fencing Exemptions Committee three 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.

 

Recommendation/s

a)      That the Franklin Local Board Swimming Pool Fencing Exemptions Committee receives the applications by:

i)        John Curran of 42A Carlton Road, Pukekohe

ii)       Colin Bennet of 100 Victoria Avenue, Waiuku

iii)      Susan and John Cameron, 23 Heald Road, Hunua

b)      That the Franklin Local Board Swimming Pool Fencing Exemptions Committee determine the 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

 

Comments

3.       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.

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.

Consideration

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.

15.     If an application is declined the applicant will be required to fence their pool in accordance with the Act.

16.     The exemption hearing process under the Act does not trigger the significance policy but it is an important statutory function.

17.     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 and implications

18.     The local board is the decision maker in relation to exemption applications under the Act.

Maori impact statement

19.     This report does not raise issues of particular significance for Maori.

Implementation

20.     The decision must be made by resolution and contain conditions (if any).

 

Attachments

No.

Title

Page

aView

Application for 42A Carlton Road, Pukekohe - Confidential

 

bView

Application for 100 Victoria Avenue, Waiuku - Confidential

 

cView

Application for 23 Heald Road, Hunua - Confidential

 

      

Signatories

Authors

Jan Barnard - Senior Swimming Pools Specialist

Authorisers

Barry Smedts - Manager Compliance

Teresa Turner - Relationship Manager

     

 

Franklin Local Board Swimming Pool Fencing Exemptions Committee

11 November 2014

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

 

That the Franklin Local Board Swimming Pool Fencing Exemptions Committee 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        Special exemption application for spa pools - Attachment a - Application for 42A Carlton Road, Pukekohe

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 photos and personal details of applicant.

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        Special exemption application for spa pools - Attachment b - Application for 100 Victoria Avenue, Waiuku

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 personal details of applicant.

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        Special exemption application for spa pools - Attachment c - Application for 23 Heald Road, Hunua

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 personal details of applicant and photos of property.

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.