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Building Act 2004

Building - Building work—Project information memoranda and building consents - Waivers and modifications

67A: Territorial authority may grant waivers or modifications in relation to means of restricting access to residential pools

You could also call this:

“Local councils can allow changes to pool safety rules if it's still safe for young kids.”

If you have a residential pool, you normally need to have a way to stop young children from getting into it when they’re not supervised. This is required by [section 162C(1) or (2)]. However, your local council can decide to change this rule or not apply it in some cases.

Your council can do this if they think that changing or not applying the rule won’t make it much more dangerous for children under 5 years old. When the council is deciding whether to change or not apply the rule, they have to think about all the important things about your situation. This includes what your pool is like and where it is.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7083794.

Topics:

Housing and property > Home safety and repairs

Government and voting > Local councils

67: Territorial authority may grant building consent subject to waivers or modifications of building code, or

“ The local council can allow changes to building rules when giving permission to build, except for rules about access for disabled people. ”

68: Territorial authority must notify chief executive if waiver or modification granted, or

“The local council must tell the government boss if they let someone build something differently from the rules.”

Part 2 Building
Building work—Project information memoranda and building consents: Waivers and modifications

67ATerritorial authority may grant waivers or modifications in relation to means of restricting access to residential pools

A territorial authority may grant a waiver or modification of section 162C(1) or (2) (which requires residential pools to have means of restricting access by unsupervised children) if the territorial authority is satisfied that the waiver or modification would not significantly increase danger to children under 5 years of age.
In deciding whether to grant a waiver or modification under subsection (1), the territorial authority must have regard to all of the relevant circumstances (including the particular characteristics of the pool and the land on which it is situated).

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Notes

Section 67A: inserted, on 1 January 2017, by section 9 of the Building (Pools) Amendment Act 2016 (2016 No 71).