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Waitākere
Ranges Local Board Swimming Pool Fencing Exemptions Committee
21 November
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 Submissions from applicants 5
7 Report Name: Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 9
8 Consideration of Extraordinary
Items
PUBLIC EXCLUDED
9 Procedural Motion to Exclude the
Public 13
7 Report Name: Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987
a. 79A Pleasant Road, Glen Eden 13
b. 511 Scenic Drive, Waiatarua 13
c. 6A Church Street, Swanson 13
d. 9 Mudgeways Road, Massey 13
e. 354 Henderson Valley Road, Henderson 14
f. 915 West Coast Road, Waiatarua 14
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 Waitākere Ranges Local Board Swimming Pool Fencing
Exemptions Committee:
a)
Confirms the ordinary minutes of its meeting,
held on Friday, 6 June 2014, 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 Submissions from applicants
At the meeting
applicants will be given the chance to explain their application to the
committee, should they wish to do so.
You will have
the chance to present additional information that supports your application.
The committee might ask you questions about your application.
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Waitākere
Ranges Local Board Swimming Pool Fencing Exemptions Committee
21 November
2014
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Report Name:
Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of
Swimming Pools Act 1987
File No.: CP2014/24896
Purpose
1. The purpose
of this report is to present to the Waitakere Ranges Local Board 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
That the Waitākere
Ranges Local Board Swimming Pool Fencing Exemptions Committee:
a) Note that
the report be received.
b) That the
Local Board receive the applications by owner/occupier of:
i) 79A
Pleasant Road, Glen Eden (attachment A)
ii) 511 Scenic
Drive, Waiatarua (attachment B)
iii) 6A Church
Street, Swanson (attachment C)
iv) 9 Mudgeways
Road, Massey (attachment D)
v) 354
Henderson Valley Road, Henderson (attachment E)
vi) 915 West
Coast Road, Waiatarua (attachment F)
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) decline
the application for special exemption sought
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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
The recommendations contained
within this report fall within the Local Board’s delegated authority.
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.
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.
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.
The exemption hearing process
under the Act does not trigger the significance policy but it is an important
statutory function.
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
11. The Local
Board is the decision maker in relation to exemption applications under the
Act.
Māori impact statement
12. This report
does not raise issues of particular significance for Maori.
General
Compliance with the
Act is a mandatory requirement for all pool owners unless exempt.
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
13. 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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79A Pleasant Road, Glen Eden (Under Separate Cover)
- Confidential
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bView
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511 Scenic Drive, Waiatarua (Under Separate Cover)
- Confidential
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cView
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6A Church Street, Swanson (Under Separate Cover) - Confidential
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dView
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9 Mudgeways Road, Massey (Under Separate Cover) - Confidential
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eView
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354 Henderson Valley Road, Henderson (Under
Separate Cover) - Confidential
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fView
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915 West Coast Road, Waiatarua (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
Glenn Boyd - Relationship Manager Henderson-Massey,
Waitakere Ranges, Whau
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Waitākere
Ranges Local Board Swimming Pool Fencing Exemptions Committee
21 November
2014
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Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Waitākere Ranges 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.
7 Report Name: Swimming Pool Fencing Exemption –
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment a - 79A Pleasant Road, Glen Eden
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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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7 Report Name: Swimming Pool Fencing Exemption –
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment b - 511 Scenic Drive, Waiatarua
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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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7 Report Name: Swimming Pool Fencing Exemption –
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment c - 6A Church Street, Swanson
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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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7 Report Name: Swimming Pool Fencing Exemption –
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment d - 9 Mudgeways Road, Massey
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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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7 Report Name: Swimming Pool Fencing Exemption –
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment e - 354 Henderson Valley Road,
Henderson
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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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7 Report Name: Swimming Pool Fencing Exemption –
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment f - 915 West Coast Road, Waiatarua
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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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