Pool owner responsibilities
All owners are required by law to inform Council of the existence of a pool.
The pool and the immediate pool area must be fenced. Pool owners must construct and maintain a fence which meets the standard set out below. The immediate pool area includes things such as changing sheds and an area of lawn. The house is not considered part of the immediate pool area. Generally a 3m to 4m area around the pool is considered to be the immediate pool area.
Pools must remain empty if they do not comply with the Act.
Under the Building Act 1991 the owner of a pool/property must apply to the Council for a building consent when:
- Installing a new pool complex
- Constructing a fence around a pool
- Altering an existing pool complex
Note: Failure to obtain a building consent before starting work can cause major problems when you come to sell your property.
A building consent application form can be downloaded here.
Persons failing to comply without reasonable cause are committing an offence under that Act and can be fined up to $500 and a further $50 per day if failure to comply continues. These fines can be substantially increased under the Building Act.
What pools must be fenced?
The Act applies to all pools which are considered to be a hazard for young children under the age of six. All pools must be fenced including spa pools, unless:
- The maximum depth is 400mm or less
- The walls of the pool are 1.20m or more above the pool surround
- The pool is indoors
What do I do?
Pool owners must register their pools by notifying Council you can do this by phoning Council on 857-8060, or by e-mailing the Regulatory Secretary, or by calling in to either of our Council offices in Kitchener Street, Waipukurau or Ruataniwha Street, Waipawa.
Council staff will visit properties during their normal duties. Where pools are not legally fenced the Council will take further action including, where appropriate, court actions.
Who do I call?
If you would like more information either e-mail Regulatory Secretary or phone Council on 857-7731.
Exemptions under the Act
Pool owners can apply to Council for exemption from the Act, but these are not given lightly. To apply for an exemption please contact Council in writing at
Central Hawke’s Bay District Council
PO Box 127
WAIPAWA
Fencing standards
- A minimum of 1.2m in height and at least 1.2m above any permanent object (e.g. decking) that is within 1.2m of the fence.
- Where the fence is made up of perforated material, netting, or mesh, and contains holes more than 10mm wide, the fence must be at least 1.8m high.
- The space between the bottom of the fence and the ground must not exceed 100mm.
- Be built of a durable material that cannot readily be crossed by children under six years old.
- Fences made of vertical poles must be spaced within 100mm of each adjacent vertical pole.
- All fencing supports, rails, and bracing which are not vertical shall be inaccessible for climbing from the outside of the fence.
- A fence made of perforated material, mesh, or netting must not have holes bigger than 50mm wide and the material must be firmly attached to a rail at the top and bottom of the fence.
- Gates are to be self closing, open outwards from the pool, and be clear of anything likely to hold them open. A self locking catch must be attached at least 1.5m high if on the outside of the fence, and incapable of being unlocked by pulling, lifting, or pushing on the gate.
- When a building forms part of a fence the door in the building must have a lock preventing that door from being readily opened by children under the age of six years.
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