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:

“Council can allow different pool fence rules if they think it's still safe for kids.”

If you have a pool at your house, there are rules to keep children safe. A territorial authority can let you have different safety rules for your pool if they think it will not put children under 5 years old in more danger. They must look at all the important things about your pool and the land it is on when making this decision.

When the territorial authority decides, they have to think about things like what your pool is like and where it is. You can ask for a waiver or modification of section 162C(1) or (2) if you want different safety rules for your pool. The territorial authority will say yes or no based on what they think is best for keeping children safe.

The territorial authority wants to make sure children under 5 years old are safe around pools. They make decisions based on the rules and what they know about your pool. You can find more information about the rules for pools in the Building Act.

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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.


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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

  1. 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.

  2. 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).

Compare
  • 1987 No 178 s 6
Notes
  • Section 67A: inserted, on , by section 9 of the Building (Pools) Amendment Act 2016 (2016 No 71).