HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

 

 

NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HEARINGS COMMITTEE WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON WEDNESDAY 15 DECEMBER 2004 COMMENCING AT 9.00AM

 

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.00am

Application for Exemption – Fencing of Swimming Pools Act – S and D Fisher

 

ORDER OF BUSINESS

1. APOLOGIES Pages

2. DECLARATION OF LATE ITEMS

Pursuant to Section 46A(5) of the Local Government Official Information and Meetings Act 1987, the Chairman is to call for late items to be accepted. In the event of a late item, an explanation must be given as to why the item was not on the agenda and why discussion cannot be delayed for a subsequent meeting.

 

3. CONFIRMATION OF MINUTES 1-5

3.1 MEETING HELD THURSDAY 26 NOVEMBER 2004

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 26 November 2004 be taken as read and confirmed.

 

4. MATTERS ARISING FROM THE MINUTES

 

5. APPLICATION FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOL ACT

5.1 APPLICATION FOR EXEMPTION – S & D FISHER, 13 WENLOCK STREET WAIHI (PO6178) (17KB) 6-22

A detailed report is attached.

A hearing has been scheduled for 9.00am.

RECOMMENDATION

That the request from Mr and Mrs Fisher seeking exemption from the requirement of clauses 8 to 10 of the schedule to the Act be granted on the grounds that it would be unreasonable and also impossible for the access to the pool from the house to comply with the Act. Clause 11 of the Schedule to the Act allows for this specific situation on condition that the doors are fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. Allowing the exemption would not significantly increase danger to young children. The exemption is subject to the following conditions:

That all doors with access from the house into the pool area be fitted with a lock that when properly operated prevents the door from being readily opened by children under the age of 6 years.

That the doors with access from the house directly to the pool area be locked shut when the pool is not in use and under adult supervision.

That the Fisher’s consider providing some form of warning to parents of young children staying in the house, and also on the title of the land for future owners advising of the exemption.

6. LATE ITEMS

 

 

PROCEDURE FOR HEARINGS

1. Chairman

The Chairman will declare the hearing open and advise on the procedure to be followed.

 

2. Council Secretary

The Council Secretary will read the application and determine:

If the applicant is in attendance, or represented;

If there are any witnesses in support.

If there are any submissioners in attendance;

If there are any witnesses in support.

 

3. Applicant

The applicant will present the application and call any witnesses in support, and answer any questions from the Councillors.

 

4. Submissions to be Heard

The submissioners may present their submissions, calling any witnesses in support and answering any questions from the Councillors.

 

5. Planning Officer

The Planning Officer will present a report and answer any questions from the Councillors.

 

6. Right of Reply

The applicant now has the right of reply.

 

7. Close of Hearing

The Chairman will close the hearing and advise that Council’s decision is reserved until it has considered the evidence presented and all relevant matters.