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Whau Local
Board Swimming Pool Fencing Exemptions Committee
18 May 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 Submissions
from applicants 5
7 Special Exemption (Section 6) Fencing of Swimming Pools Act
1987 7
PUBLIC EXCLUDED
8 Procedural Motion to Exclude the
Public 11
7 Special Exemption (Section 6) Fencing of Swimming Pools Act
1987
a. 61 Shoreham Road, Avondale 11
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 Whau Local Board Swimming Pool Fencing Exemptions
Committee:
a)
confirm the ordinary minutes of its meeting,
held on Wednesday, 17 February 2016, 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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Whau Local
Board Swimming Pool Fencing Exemptions Committee
18 May 2016
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Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987
File No.: CP2016/06148
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 have been received from the owner of:
· 61
Shoreham Road, Avondale
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 Whau Local Board
Swimming Pool Fencing Exemptions Committee determine each
application, by way of resolution, to:
a) grant the
application for special exemption as sought for the property at 61 Shoreham
Road, Avondale, on the condition that
i. NZS 8500-2006 clauses (a-k) are met at
all times.
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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; and/or
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;
and
· 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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61 Shoreham Road, Avondale (Under Separate Cover) -
Confidential
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Signatories
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Author
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Phillip Curtis - Senior Swimming Pool Specialist
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Authorisers
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Sally Grey - Manager Weather Tightness &
Compliance
Glenn Boyd - Relationship Manager Henderson-Massey,
Waitakere Ranges, Whau
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Whau Local
Board Swimming Pool Fencing Exemptions Committee
18 May 2016
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Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Whau 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 Special Exemption (Section 6) Fencing of
Swimming Pools Act 1987 - Attachment a
- 61 Shoreham Road, Avondale
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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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