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Swimming Pool Fencing: New Law

Thursday, December 02, 2004

Swimming Pool Fencing: New Law

Press Release:- Pool Owners Action Group (POAG) Chairman: Gary Osborne

When Pool Owners in Waitakere City cried that pool officers were being too officious, they were told "We have to uphold the law."

When Pool Owners cried that WCC was acting ultra vires with statements such as "There is enough room to have a table by the pool and that is not allowed" they were told WCC wanted other Councils to fall into line with their way of thinking.

When Pool Owners stood up to the Council in 2003 and decided to take a Class Action, the Council sought a Declaratory Judgment.

When on 1 October 2004, WCC was not granted the declaration it had sought, it embarked on a campaign of media spin. It said it needed time to study the decision.

When on 8 October 2004, WCC was reported as saying of approximately 200 prosecutions, each case was being reviewed and it hoped to finish before Christmas, why on earth then on 1 November 2004, 20 minutes before deadline, did it apply for an extension until 31/1/05 to decide whether or not it wanted to seek a formal declaration from Judge Randerson?

Now we have WCC lobbying Government to change the law. Why? When will it stop? Why has WCC issued 644 prosecution notices to swimming pool owners in less than 3 years?

Our website www.poag.org.nz has some of these answers.

Too many emotive statements have been made such as the latest North Shore City one today. "Waitakere City sought the recent ruling after 200 ratepayers refused to install fences." In fact, you will find the majority of that 200 have fences, they just don't comply with Waitakere City Council's interpretation of an Act which has been in existence for 17 years!


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