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Franklin Local
Board Swimming Pool Fencing Exemptions Committee
02 February
2016
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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 6
11 Notices of Motion 6
12 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 9
12 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987
a. 55 Ridgeway Road, Pukekohe 9
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
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That the Franklin Local Board Swimming Pool Fencing Exemptions
Committee confirms the ordinary minutes of its
meeting, held on Tuesday, 3 November 2015 and the
extraordinary minutes of its meeting, held on Tuesday, 15 December 2015,
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
At the close
of the agenda no requests for deputations had been received.
9 Public Forum
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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Franklin Local
Board Swimming Pool Fencing Exemptions Committee
02 February
2016
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Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987
File No.: CP2015/27884
Purpose
1. This
report seeks a decision on the application/s for special exemption from some of
the requirements of the Fencing of Swimming Pools Act 1987 (the Act).
Executive Summary
2. Application for an exemption for fencing a spa pool has been
received from the owner of:
· 55 Ridgeway Road, Pukekohe
3. The
application does not comply with the Act. Pool inspectors have inspected the
property and consulted with the applicant. Full assessment reports are attached
to this report.
4. The local
board must now resolve to grant, grant subject to conditions or decline the
exemptions sought.
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Recommendation/s
That the Franklin
Local Board Swimming Pool Fencing Exemptions Committee grants
the application for special exemption as sought for 55 Ridgeway Road,
Pukekohe with the following conditions:
a) that NZS 8500-2006
clause (a –k) is met at all times; and
b) that the
broken and missing latches are repaired; and
c) that the spa
pool remain in this location.
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Comments
Background
5. Auckland
Council pool inspectors have inspected the property for which an application
for special exemption from the Act has been received. 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.
6. The council’s
pool inspectors have consulted with the applicant in this case. The applicant
has 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
those requirements.
Legislative
implications
7. Compliance
with the Act is a mandatory requirement for all pool owners unless exemptions
are granted by the local board.
8. The Act
requires pool owners to fence their pool, or all or some of the immediate pool
area including the pool itself. Specific detail on this is contained in the
schedule to the Act. If a pool does not have a complying fence it is an offence
under the Act, unless exempt.
9. 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.
10. 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.
11. Where a
building forms part of the pool fence and there are doors opening into the pool
area, the local board may grant an 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 six years.
12. When granting a
special exemption the local board may impose reasonable conditions relating to
the property or the pool or reflecting other relevant circumstances. These may
include:
a) Making the
exemption personal to the applicant so that on a sale of the property a new
owner will need to apply for a new exemption
b) Granting the
exemption for a fixed term irrespective of changes of ownership
13. Any exemption
granted or condition imposed may be amended or revoked by the local board by
resolution. The rules of natural justice would however dictate that this action
should not be taken without informing the pool owner and giving them the
opportunity to be heard.
Consideration
Local board views and implications
14. Local boards
have delegated authority to approve exemptions to the Fencing of Swimming Pools
Act.
15. Before making
an exemption, the local board must consider:
i) the
particular characteristics of the property and the pool
ii) any other
relevant circumstances
iii) conditions it may be necessary to impose.
16. The local
board must also be satisfied that the 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.
Maori 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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55 Ridgeway Road, Pukekohe (Under Separate Cover) -
Confidential
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Signatories
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Authors
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Brendon Findlay - Swimming Pool Inspector
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Authorisers
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Wolfgang Nethe - Manager Compliance
Angeline Barlow - Relationship Manager
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Franklin Local Board Swimming Pool Fencing Exemptions Committee
02 February
2016
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Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Franklin 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 Special Exemption (Section 6) Fencing of Swimming
Pools Act 1987 - Attachment a -
55 Ridgeway Road, Pukekohe
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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 personal information.
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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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