Published: 7 March 2005
Longtime campaigner Gary Osborne has produced a 133-page book about his battle with Waitakere City Council over the fencing of his pool â€“ and those of hundreds of others who have faced prosecution by the council.
Mr Osborne’s book, Sitting on the fence, runs a brief history of the pool-fencing law and the saga as it has been played out in Waitakere.
After a respite while Justice Randerson produced his declaratory judgment arising from a High Court hearing in August 2004 on the question of what is the immediate pool area, the Waitakere council has summonsed several hundred pool owners to district court appointments, although most of those callovers have been canned at the last minute.
Mr Osborne argues in his book that the council is trying to impose isolation pool fencing (with nothing else inside the fence), although the Fencing of Swimming Pools Act doesn’t require that.
Justice Randerson rejected the council view that an entertainment area couldn’t be situated inside the pool fence.
The council has set up a pool fencing exemption committee and has withdrawn many of its prosecutions. However, more court callovers are listed.
Websites: Pool Owners Action Group