Plain language law

New Zealand law explained for everyone

Fencing Act 1978

Liability for work on a fence

9A: Contributions where Building Act 2004 requires pool to have means of restricting access

You could also call this:

“Pool owners pay for extra fencing needed to keep pools safe”

If you need to build a fence to keep your swimming pool safe as required by subpart 7A of Part 2 of the Building Act 2004, you should know a few things. As the pool owner, you are responsible for all the extra work on the fence that’s needed because of this law. This means any work that wouldn’t be necessary if the pool wasn’t there.

Other people who might need to help with the fence don’t have to pay more than they would if there wasn’t a pool. They only need to contribute what they would for a regular fence, even if the pool fence is different or costs more.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21857.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
Government and voting > Local councils
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9: Adjoining occupiers to share cost of fencing, or

“Neighbours must split the cost of building a fence between their properties”

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10: Notice to do work to be given, or

“You must tell your neighbour before starting fence work they might have to help pay for”

Part 3 Liability for work on a fence

9AContributions where Building Act 2004 requires pool to have means of restricting access

  1. Where any person is required to provide a fence in order to comply with the subpart 7A of Part 2 of the Building Act 2004—

  2. all work on that fence that is required because of the application of that Act and would not otherwise be required shall be the responsibility of the owner of the swimming pool; and
    1. no person, other than the owner of the swimming pool, shall be required to make any contribution under this Act to the work on a fence greater than the contribution that the person would be required to make to the work on a fence (whether of the same type or not) if the swimming pool did not exist.

      Notes
      • Section 9A: inserted, on , by section 14 of the Fencing of Swimming Pools Act 1987 (1987 No 178).
      • Section 9A heading: amended, on , by section 20 of the Building (Pools) Amendment Act 2016 (2016 No 71).
      • Section 9A: amended, on , by section 20 of the Building (Pools) Amendment Act 2016 (2016 No 71).