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Henderson-Massey
Local Board Swimming Pool Fencing Exemptions Committee
05 April 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6 Item withdrawn 5
7 Item withdrawn 5
8 Item withdrawn 5
9 Item
withdrawn 5
10 Extraordinary Business 5
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 11
12 Special Exemption (Section 6) Fencing of Swimming Pools Act
1987
a. 53 Woodford Avenue, Henderson 11
2 Apologies
Apologies for absence has been received from Member Shane Henderson.
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.
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BOARD MEMBER
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ORGANISATION
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POSITION
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Shane Henderson (Deputy Chairman)
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Waitemata Community Law Centre
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Employee
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Peter Chan, JP
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Cantonese Opera Society of NZ
Asian Leaders Forum
NZ-Hong Kong Business Ass.
NZ-China Business Ass.
Auckland Chinese Environment Protection Association (ACEPA)
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Member
Member
Member
Member
Advisor
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Warren Flaunty, QSM
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Westgate
Pharmacy
NorSGA Properties
Westgate Pharmacy Ltd
The Trusts Community Foundation Ltd
Life North
West Pharmacy
Rodney Local
Board
Waitemata District Health Board
Waitakere Licensing Trust
Massey Birdwood Settlers Ass.
Taupaki Residents & Ratepayers Ass.
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Contractor
Director
Director
Director
Director
Elected Member
Elected Member
Elected Member
Member
Member
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Tracy Kirkley
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District
Licensing Committee
Churches
Education Commission
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Member
Contractor
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4 Confirmation of Minutes
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That the Henderson-Massey Local Board Swimming Pool Fencing
Exemptions Committee:
a)
confirm the ordinary minutes of its meeting,
held on Friday, 5 May 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 Item withdrawn
7 Item withdrawn
8 Item withdrawn
9 Item withdrawn
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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Henderson-Massey
Local Board Swimming Pool Fencing Exemptions Committee
05 April 2016
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Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987
File No.: CP2016/02549
Purpose
1. This
report seeks a decision on the following application for special exemption from
some of the requirements of the Fencing of Swimming Pools Act 1987 (the Act).
Executive Summary
2. An application for an exemption for swimming or spa pools has
been received from the owner of:
· 53 Woodford Avenue,
Henderson
3. The application does not comply with the Act. Pool inspectors
have inspected the property 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 Henderson-Massey
Local Board Swimming Pool Fencing Exemptions Committee:
a) grant
the application for special exemption as sought for 53 Woodford Avenue,
Henderson with the following conditions:
i. that NZS 8500-2006 clause (a –k) is met at all times
ii. the spa remain in this location
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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.
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.
15. The local
board must also be satisfied that the exemption would not significantly
increase the danger to young children.
16. The local
board may resolve to grant, grant subject to conditions, or decline the
application for special exemption.
17. If the
application is declined the applicant will be required to fence the pool in
accordance with the Act.
Maori impact statement
18. There are no
particular impacts on Maori that are different from those of other pool owners.
Implementation
19. 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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53 Woodford Avenue, Henderson (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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Wolfgang Nethe - Manager Compliance
Glenn Boyd - Relationship Manager Henderson-Massey,
Waitakere Ranges, Whau
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Henderson-Massey
Local Board Swimming Pool Fencing Exemptions Committee
05 April 2016
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Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Henderson-Massey 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 -
53 Woodford Avenue, 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 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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