Published: 2 February 2005
155 Waitakere pool owners will be back in court over the next 7 weeks for a brief callover appearance, so a date can be set for hearing the city council’s action against them over allegedly inadequate pool fencing.
The Waitakere District Court callover dates are 7 & 21 February & March, all Mondays.
The council asked the High Court for a declaratory judgment on the correct interpretation of the Fencing of Swimming Pools Act and got a decision from Justice Tony Randerson QC on 1 October 2004.
In a report to the 24 November council meeting legal services manager Denis Sheard said Justice Randerson “refused to make the declarations which the council had sought in the proceedings but reserved leave to the council to apply for any formal declarations that it may require within 4 weeks of the decision. An application was filed with the court seeking further time until 31 January 2005 to clarify what declarations, if any, might be required.”
The council accepted Mr Sheard’s recommendation to set up a swimming pool exemption committee (the chairman & other members of the council’s hearings committee).
It also agreed to charge a $250 fee (including gst) for applications for exemption from the Fencing of Swimming Pools Act.
After discussing the judgment, the council decided to lobby the Government to reform or repeal the act, and to chair a regional working party to get a regional approach to interpreting & implementing the current act.
Meanwhile, the council is pursuing its action against recalcitrant pool owners.