Location: Selwyn District Council.
This determination concerns an authority’s decision to issue a notice to fix for a pool barrier. The determination considers whether the pool barrier complies in relation to a storage box that is permanently located inside and close to the pool barrier. It also considers the form and content of the notice to fix.
The matter to be determined, under sections 177(1)(b) and (3)(e), is the authority’s exercise of its power of decision in issuing a notice to fix in relation to the pool barrier. The decision considers whether the pool barrier, with a pool cover storage box located inside and close to the barrier, complies with section 162C of the Act.
It was determined that there was no contravention of section 162C, as the barrier complies with F4/AS1 by way of the FOSPA Schedule, as the established means of compliance at the time the pool and barrier were constructed.
The notice to fix was deemed deficient, and the authority’s decision to issue a notice to fix was reversed.
Members are encouraged to read the determination in full, which can be found here: