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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 Fencing of Swimming Pools Act 1987.
Under the Building Act 2004 the owner of a pool/property must apply to the Council for a building consent when
Note: Failure to obtain a building consent before starting work can cause major problems when you come to sell your property.
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.
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:
Pool owners must register their pools by notifying Council you can do this by phoning Council on +64 6 857 8060, or by e-mailing the e-mailing the Building Control Administrator, 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.
If you would like more information about Swimming Pool fencing in CHB e-mail the Building Control Administrator or phone Council on +64 6 857 7731.
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