Chairman: Gary Osborne
In a month’s time when the eight Auckland Councils merge into one, we will have an interesting situation. They all still have different ways of interpreting the Fencing of Swimming Pools Act 1987.
In the Randerson decision on 1 October 2004, the Judge pointed out that proper interpretation of the “immediate pool area” was a key issue. Yet six years later little has changed. For instance Franklin District Council has not taken one prosecution nor issued one exemption, yet Waitakere City Council, which took 644 prosecutions from 2002 to 2004, has had 339 exemptions applied for and granted.
I have put the following questions to the 4 City Councils and
3 District Councils, charged with administering the 1987 Act, which are to become part of Auckland Council on 1 November.
Since the Randerson decision in October 2004
1. How many prosecutions has the Council taken against pool owners?
2. How many have been successful?
3. How many exemption applications have there been from pool owners?
4. How many have been successful?
5. What meetings have taken place to ensure exemptions will be honoured when Auckland Council takes effect on 1 November 2010?
6. Will any prosecutions be initiated between today and 1 November 2010?
7. What steps have been taken to ensure consistency on 1 November 2010
To date only one Council has replied to the questions, two others have acknowledged receipt of them.