Council's role

Councils have a duty to try and ensure the safety of everyone within the District, and swimming pools are part of the duty of care.

Under the Building Act 2004 Council, as a territorial authority, is directed to inspect all swimming pools at least once every three years.

Council will endeavor to work with property owners to ensure pools comply but, if required, Council has the ability to issue a Notice to Fix and if further action is required infringements can be issued.

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What legislation do people have to follow in order to comply? Pools fall under the New Zealand Building Act 2004, specifically sections 162A to 162E. The Building Code shows how this legislation can be complied with see the New Zealand Building Code – Section F9 Restricting access to residential pools (external link) . This contains the acceptable solutions and verification methods used to assess the pool to see if it meets the requirements and be deemed safe.

Previous to the current legislation, pools were assessed under the Fencing of Swimming Pools Act 1987. This was repealed and incorporated into the Building Act in 2017.There may also be other important parts of the Building Code which may affect your swimming pool such as:

Clause F4 Safety from falling – if there is a chance of falling more than 1m (external link)

Clause F2 Hazardous building materials – if there is glazing in proximity (external link)

Clause G12 Water supplies – protection for potable water from your pool (external link)

These are examples of different parts of the Building Act which may apply.