2 Apologies
An apology from Member CH Cooke for absence has 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 Ōrākei Local Board Swimming Pool Fencing
Exemptions Committee:
a)
confirm the minutes of its ordinary meeting,
held on Monday, 9 November 2015, 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 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.
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Ōrākei
Local Board Swimming Pool Fencing Exemptions Committee
01 March 2016
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Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987
File No.: CP2016/01604
Purpose
1. This
report seeks a decision on the applications for special exemption from some of
the requirements of the Fencing of Swimming Pools Act 1987 (the Act).
Executive Summary
2. Applications for an exemption for fencing a spa pool have been
received from the owners of:
· 5a Rarangi Road, St Heliers
· 12 Tuhaere Street, Orakei
· 36a Armadale Road, Remuera
· 1 Cawley Street, Ellerslie
· 86 Kesteven Avenue, Glendowie
3. The
application does not comply with the Act. Pool inspectors have inspected the
properties and consulted with the applicants. 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 Ōrākei
Local Board Swimming Pool Fencing Exemptions Committee determine
each application, by way of resolution, to:
a) grant the
application for special exemption as sought, or
b) grant the
application subject to conditions, or
c) decline the
application for special exemption sought.
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Comments
Background
5. Auckland
Council pool inspectors have inspected each 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 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
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:
· the particular characteristics of
the property and the pool
· any other relevant circumstances
· 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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1 Cawley Street, Ellerslie
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11
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bView
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36a Armadale Road, Remuera
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25
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cView
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12 Tuhaere Street, Orakei
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35
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dView
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5a Rarangi Road, St Heliers
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47
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eView
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86 Kesteven Avenue, Glendowie
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57
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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
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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