New Swimming Pool Legislation

The Building (Pools) Amendment Bill has had its first reading in Parliament.
On Wednesday 30 September. I, as Chairman of POAG and 3 members of the Pool Industry had a meeting with Hon Dr Nick Smith to discuss our concerns.

Here are the points raised by me:

Sep 30 2015 Meeting with Hon Dr Nick Smith
Gary Osborne, Chairman (POAG Pool Owners Action Group)

1987 FOSPA working major problem supervision
1999 Ministry of Internal Affairs Guidelines. Led to nit-picking. WCC
2001 Table & chairs, BBQ’s “illegal”. Must have “isolation fencing”.
2003 Formation of POAG. 3 C’s-certainty, consistency, common-sense
2004 Randerson judgment. $20,000 costs to POAG.
2005-2010 WCC 814 prosecutions, 348 exemptions
2011 AC External Working Party. Code of Practice Aug 2011
Feb 2013 Submissions to Parliament.
Nov 2013 EGI certain assurances.
2015 AC decides to work on a new Code of Practice
Sep 2015 First reading of Building (Pool) Amendment Act

CURRENT PROBLEMS
The 3 C’s
Existing exemptions and compliances not being honoured.
Abuse of law. Section 11.
Arguments over “immediate pool area”
Arguments over “thoroughfares”
Arguments over “landscaping”
Pool officers turning up without appointments.
Councils acting “ultra vires”. End justifies the means.
Emotive assertion
Recent cases

CONCERNS OVER PROPOSED LAW
In Nov 2013 EGI promised to remove under 4.2.3 and 4.2.5
The term “immediate pool area”
The power of council to require upgrades due to changes of law
Unrestricted access to private property
Ability of Council officers to levy spot fines.

POAG REQUESTS
The 3 C’s
Honour existing compliances and exemptions
Restricted access to properties

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