SPASA

NZ – Determination 2026/ 037: An authority’s decision to issue a notice to fix in relation to the height of part of a pool barrier

November 11th, 2026

The NZ government regularly releases a list of determinations on the Building Performance website. The latest determination for this year, 2026/037, is relevant for the swimming pool and spa industry.

Determination summary

Location: Masterton District Council.

This determination concerns a notice to fix issued in respect of an existing pool barrier for a contravention of section 162C of the Building Act because of its height.

The part of the barrier in dispute is located on the boundary of the property. The determination considers the requirements of Building Code Clause F9 Means of restricting access to residential pools and the form and content of the notice to fix. 

Situation

The matter to be determined, under section 177(1)(b) and (3)(e), is the authority’s decision to issue notice to fix SW1159-26-01 dated 20 March 2026 (“the notice”) for a contravention of section 162C, in respect of the item relating to the height of part of a swimming pool barrier on the southeast boundary of the owners’ property.

Outcome

It was determined that the part of the pool barrier on the southeast boundary of the owners’ property does not comply with clause F9. Therefore, there were grounds to issue the notice for a contravention of section 162C.  

However, the notice refers to non-compliance with F9/AS1 rather than noncompliance with the Building Code, and there were also issues with the form and content of the notice. For those reasons the authority’s decision to issue the notice to fix was reversed.

More information

Members are encouraged to read the determination in full, which can be found by clicking here.

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