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If you plan to build a swimming pool, you will need to obtain a PIM/Building Consent, and possibly Resource Consent. A ‘swimming pool’ or ‘pool’ is any excavation, structure or product which may be used for swimming, paddling, bathing, or wading; it includes excavated, non-portable, spa pools.  If your pool requires 50 cubic metres or more of excavation you will need to apply for an Earthworks Permit.

• Earthworks Permit Application
• Earthworks Pamphlet

 You should be aware that under the Fencing of Swimming Pools Act, there are stringent safety rules which regulate the fencing you must install.  These rules apply to any new or existing pool, built since the 1st September 1987, while it is fully or partially filled with water.

• Fencing of Swimming Pools Act

The fencing of your pool will also be considered a compliance issue under the Building Act and must meet the standards of the Building Code. 

Below you will find a guide to the information you need.  Please note that this guide is not fully comprehensive, however your pool contractor or building professional will be in possession of the detailed regulations.

Height

In general, the fence must be:

• A minimum of 1.2m high above the ground
• A minimum of 1.2m higher than any permanent structure or object which may be on the ground outside the pool area within 1.2m of the fence.

However:

The distance between the bottom of the fence and the ground must not be more than 100mm.

Materials

• All the materials used must be sturdy and the fence must be built in such a way that a child aged 6 or under will not be able to climb over, squeeze through or crawl under it from the outside.
• Unless the fence is close-boarded, or is made of netting, mesh or similar perforated material, vertical pales, posts or panels must be no more than 100mm apart.
• Any bracing, supports, wires, rails or rods which are not vertical must be positioned in such a way as to make them inaccessible for climbing from the outside.
• In the event that a fence does have horizontal structures, such as bars, rods, wires or bracing, which are accessible from outside, they must be at least 900mm apart and
• There must be no other support or structure (apart from a vertical rail) between them which might make climbing possible for a young child.
• When using netting, mesh or similar perforated material, the openings must not be larger than 50mm.
• Netting, mesh or other perforated, non-rigid, fencing must be fitted to a solid support structure or frame, attached at the top and bottom and constructed in such a way that a child aged 6 or under would not be able to climb over,  crawl under, bend or break it down.

Gates and doors

Gates and doors which provide access to pool areas are treated as fences and must be constructed to comply with the rules given above.  They should be mounted so that:

• They cannot open inwards towards the pool area.
• There are no obstructions which could stop the gate closing and there must be no means of holding the gate open.
• The gate or door catch will not release if it is pulled up or pushed down and the gate or door cannot be lifted off its hinges.  It is not possible to raise the gate or door so that the ground clearance is more than 100mm.
• Every gate or door is fitted with an automatic closing device which will prevent it being left open either accidentally or deliberately.
• All gates or doors are fitted with a latch.  If the latch is accessible from outside only, by reaching over the top or through a hole cut in the gate or door, the latch or bottom of the hole will be a minimum of 1.2m from the ground.  If the latch is on the outside of the gate or door, it must be a minimum of 1.5m from the ground.
• In the case of doors in walls of buildings which form part of the ‘fence’ around a pool, even if the pool is not actually within the building, it may not be necessary for them to comply with the rules if the Council decides that compliance is not practicable.  In such a case, it is sufficient that the door is fitted with a locking device which would prevent a child of 6 years or under opening the door.

Exempted pools 

The above rules will not apply to:

• A pool which has the top of its sides a minimum of 1.2m above ground level or the level of any projection or object which is less than 1.2m from the sides of the pool.  Where the outside walls of the pool are constructed so as to make climbing them impossible for a child aged 6 or under and where any external steps or ladders are easily removed, or made unusable, whenever the pool is unattended or not available for use.
• Any excavation, structure or product in which the maximum depth of water is 400mm.
• Any excavation, structure or product which is not associated with any home, house, residential unit, school, hospital, hotel, motel, campground or similar establishments which is not modified for use, or intended to be used, for swimming, paddling, bathing or wading.
• Any pool used for wading and paddling which is under the control of the Council.
• Any pool which is fully enclosed within a building, the main use of which is not related to the use of the pool.
• Any pool where there is a supervisor employed to control the use of the pool whenever it is open and where access to the pool is restricted by means of a fence which complies with the Act, or by doors or gates which are kept locked whenever the pool is not available for use.

The Council may grant other exemptions on a case-by-case basis if they are satisfied that no increased risk of danger to young children would result.  In granting exemptions, the Council may impose other conditions relating to the pool or property.  Such exemptions may be amended or revoked by the Council, by resolution.

Notification of existence of a pool

The Council must be notified when an existing pool is filled, or partially filled, with water.  In the case of a newly installed pool, the application for Building Consent will be considered sufficient notification.

Obligations of pool owners

The ‘owner’ of a pool is the person who owns the property, or a tenant /lessee of the pool or the purchaser of a pool under a hire-purchase agreement.

• The owner must ensure that, except where an exemption may have been granted, the pool and surrounding area is fenced in compliance with the Act and the Building Code.
• The owner must ensure that there is compliance with every condition imposed under the Act, or by the Council if an exemption to the Act has been granted.
• The owner must ensure that the pool is not filled, or partially filled, with water if they are not able to comply with the conditions of the Act or which the Council has imposed.
• Compliance with obligations and conditions under the Act, or as required by the Council, does not relieve the owner of any other duties or obligations imposed by any other laws.

Offences

1. Failure to comply with the requirements of the Fencing of Swimming Pools Act is an offence which, upon summary conviction,  will attract a fine of up to $500,  plus $50 for every day on which the failure to comply continues.
2. In the case of breaches of the regulations being the responsibility of a person other than the pool owner, the owner must satisfy the Court that he took all reasonable care that the regulations were complied with and that he had made the person responsible aware of the obligations of the Act.
3. Where a conviction results from non-compliance with the Act, the Court may order that the pool be drained of water and not refilled until it is properly fenced in compliance with the Act, and any other conditions which may have been imposed are met.

Council will carry out a tri-annual inspection to check all pools are in compliance with the fencing of swimming pools act 1987, this will incurr a fee - check the Consolidated Fees schedule.

• Fees Schedule
• More about Building Consents
• More about Resource Consent

Be Water Safe

 Use this link to find more information from water safe. This organisation promotes saftey and the responsible use and ownership of pools and spa's