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Waitākere
Ranges Local Board Swimming Pool Fencing Exemptions Committee
12 August 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. 12 Opou Road, Titirangi 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 Waitākere Ranges Local Board Swimming Pool Fencing
Exemptions Committee:
a)
confirm the ordinary minutes of its meeting,
held on Friday, 4 March 2016, 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 Submissions from
applications
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
applicationwhen 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.”
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Waitākere
Ranges Local Board Swimming Pool Fencing Exemptions Committee
12 August 2016
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Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987
File No.: CP2016/14574
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. Application for an exemption for a swimming or spa pool have
been received from the owner of:
· 12 Opou Road, Titirangi
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 resolve to grant, grant subject to
conditions or decline the exemptions sought.
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Recommendation/s
That the Waitākere Ranges
Local Board Swimming Pool Fencing Exemptions Committee:
a) Grant the
application for special exemption as sought for 12 Opou Road, Titirangi with
the following conditions:
i) that NZS 8500-200 Clause
(a-k) is complied with at all times
ii) the current cover and locks
are replaced so the spa will comply with the above.
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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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12 Opou Road, Titirangi (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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Sally Grey - Manager Weather Tightness &
Compliance
Glenn Boyd - Relationship Manager Henderson-Massey,
Waitakere Ranges, Whau
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Waitākere
Ranges Local Board Swimming Pool Fencing Exemptions Committee
12 August 2016
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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 Special Exemption (Section 6) Fencing of
Swimming Pools Act 1987 - Attachment a
- 12 Opou Road, Titirangi
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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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