By Pierce Bedogni - 18 Oct 2018
New Zealanders have always had a love affair with the
water. We go to the beach and we have our own backyard pools -
either permanent or temporary. Now that summer is just around the
corner, it's a perfect time to ensure that your swimming pool
complies with the rules.
The laws around swimming pools are simple. If a pool has more
than 0.4m of water in it, it must have a fence. That fence must be
lockable, with automatic closing gates and be over 1.2 metres
high.
However, since 1999, Councils around New Zealand issued waivers
and exemptions for pool owners with automatic lockable pool covers,
rather than standard fences.
That exemption has now ended.
In issuing its determination, the Ministry of Business,
Innovation and Employment (MBIE) has gone for
function over form. Even though an aesthetically pleasing automatic
pool cover can provide protection, the cover would now have to be
closed every time the adult supervising left the pool area.
Essentially, what is now required is at least a simple pool gate
and fence. It is considered that this is the most tried and tested
way to keep young children safe from drowning.
To discuss the issues in this blog, or any other general
construction issues, please contact Pierce Bedogni or any of our
construction law specialists.