Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search


Council will study pool fencing judgement

Council will study pool fencing judgement to see how it affects prosecutions of pool owners

Waitakere City Council will soon begin reviewing its pool prosecutions cases in light of the judgment of Judge Randerson, released today.

The Council had asked the High Court for a declaratory judgement about the correct interpretation of the Fencing of Swimming Pools Act, in order to give some certainty to pool owners and the Council that has to enforce the law.

This follows pool owners disputing the interpretation of aspects of the Act – especially the definition of immediate pool area.

“The judgment is limited, which we expected, but it does give some guidance on a number of points and that is welcome For example, the judge says gardens cannot be considered part of the pool area but various facilities such as barbecues can be, provided they are close to the pool,” says Waitakere City Council’s manager of legal services, Denis Sheard.

“The judge has gone to some lengths to emphasise the fact that the term “immediate pool area” means that the fence has to be in close proximity to the pool – and that is a similar view to the one the Council has always stated , but there may some issues of detail that may need to be reconsidered,” he says.

Mr Sheard says the judgment also clearly rejects the pool owners’ claims supporting a very liberal interpretation of the Act.

“The Judge’s comments to the effect that there is a grey area in the law which makes it difficult for both pool owners and local authorities to understand and comply with their obligations, is helpful if it will spur some legislative action from Central Government,” says Mr Sheard

“It will take some time to go through the judgment to understand it clearly and then to re-assess all pending cases in light of the judgment. It is too soon to decide how this will affect any of the cases,” he says.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>


Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>


More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>


Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>


Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>


General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news