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Pool fencing judgement

6 October 2004

Auckland City to assess what pool fencing judgement means for city’s pool owners

Auckland City is reviewing a declaratory judgement released by the High Court last Friday to assess what effect it will have for the city’s pool owners.

Judge Randerson’s ruling was released on 1 October and applies to all pool owners in New Zealand. Auckland city has approximately 9000 pools within its boundaries.

Auckland City was seeking clarification of the Fencing of Swimming Pools Act 1987 as an interested party to the Waitakere City Council court case.

“This judgement provides relevant guidance for council on a number of areas relating to the Act,” says Geoff Atherfold, team leader, compliance monitoring. “We hope that it will provide both council and pool owners with more certainty of what is allowed.”

Guidance was given on the definition of the immediate pool area and the facilities that can be placed within this area, which had previously been considered open to interpretation. For example, Judge Randerson says vegetable gardens and clotheslines cannot be considered to be part of the immediate pool area, but barbecues and pool furniture can be, provided they are close to the pool.

“It will take Auckland City some time to assess the full implications of the judgement,” says Mr Atherfold. “However, we plan to work together with other councils to provide pool owners across the Auckland region with a consistent approach.”


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