There were no apologies.

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairperson called for late items to be accepted.

RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late items be accepted for discussion.

- J & N Clothier Vegetation Clearance – Karangahake Gorge

The item was not on the agenda because the item was unavailable at the time of the agenda deadline.

Discussion on the item could not be delayed because the item required the consideration of the Committee as soon as practicable.

HC07/25 Bubb/Gordon CARRIED

MEETING HELD THURSDAY 19 APRIL 2007

RESOLVED

THAT the minutes of the meeting of the Hearings Committee held on Thursday 19 April 2007 be taken as read and confirmed.

HC07/26 Gordon/Carmine CARRIED

The applications listed have been received seeking an exemption from the fencing of swimming pool requirements.

A detailed report from the Regulatory Services Manager and Monitoring Officer for each application including the applicant’s letter seeking exemption and supporting documents was attached for the information of the Committee.

The hearings commenced at 9.15am.

The Committee agreed that Clause (c) of the recommendations in the staff report stating; "That the access from the dwelling to the pool area be protected by an alarm complying with UL 2017 capable of detecting unauthorised access from the garage into the immediate pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house", be deleted. This Clause should only apply to new pools and not existing pools; therefore Clause (c) was deleted from all applications presented.

Mrs S A Parsons, 21 Pukekauri Road, RD2, Waihi (24KB)

The Applicant was not in attendance.

After considering all the evidence the Committee:

RESOLVED

THAT the application from Mrs S A Parsons seeking a waiver from the requirement of Clauses 8 to 10 of the Schedule to the Act be granted on the grounds that it would be unreasonable 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 waiver is subject to the following conditions:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/27 Gordon/Bubb CARRIED

Mr G Burton, 18 Consols Street, Waihi (23KB)

The Applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/28 Carmine/Bubb CARRIED

Mr A East, 29 Parry Palm Ave, Waihi (24KB)

The Applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/29 Bubb/Gordon CARRIED

Mr & Mrs G M Hamilton, 104 Rangiora Road, Paeroa  (24KB)

The Applicants were in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/30 Carmine/Bubb CARRIED

Ms B R Sutton-Bruce, 44 Thames Road, Paeroa (24KB)

The Applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/31 Gordon/Carmine CARRIED

Mr N S Bisset, 2 Union Street, Waihi (24KB)

The Applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/32 Carmine/Bubb CARRIED

Mrs J Frederiks, 20 Lawrence Road, Waihi (24KB)

The Applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/33 Gordon/Bubb CARRIED

HC07/36 Carmine/Gordon CARRIED

Mr R Tilsley, 5 Neil Street, Paeroa (24KB)

The Applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/37 Bubb/Carmine CARRIED

Mr Purcell (the Applicant) was in attendance.

Mr Purcell advised that the spa has a lockable lid, they do not have neighbours at a close proximity to their home and there are no children under 6 years of age residing on the property. The spa pool always has the lid on to retain the heat. The spa pool lid is fitted with six locks constructed of a plastic material which are all in good order.

The Monitoring Officer advised that the locks of the spa pool lid must be maintained due to a gradual breakdown of material over time and recommended that when the locks are showing signs of fatigue that they be replaced with stainless locking devices. It was also recommended that a strap to secure the lid also be fitted.

Mr Purcell advised he was agreeable to change the locks to a stainless steel type if required.

After considering all the evidence the Committee:

1. That the lockable cover be securely put in place and locked when the spa pool is not under the supervision of an adult.
2. That an additional lockable strap crossing over the entire lid of the pool be fitted.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/38 Gordon/Bubb CARRIED

Mr D Johns, 9766 SH2, Waihi (24KB)

The Applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/39 Carmine/Bubb

CARRIED

Mr L Sharp, 4 Violet Street, Waihi (24KB)

The applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/40 Gordon/Carmine

CARRIED

Mr G McLean, 70 Mclean Road, RD2, Waihi (24KB)

The Applicant was in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/41 Carmine/Gordon CARRIED

Mr D Parish, 17 Riverbank Terrace, Waihi (24KB)

The applicant was not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/42 Bubb/Carmine CARRIED

Mr N M McMillan, 5 Olga Street, Paeroa (24KB)

The Applicant was in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/43 Bubb/Carmine CARRIED

Mr & Mrs L & S Gates, 273a Pukahu Road, RD2, Paeroa (24KB)

The Applicants were not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/44 Bubb/Gordon CARRIED

Mr & Mrs R D Setters, 79 Station Road, Paeroa (24KB)

The Applicants were not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/45 Gordon/Carmine CARRIED

Mr & Mrs H F & V M Morrison, 11 Fairview Terrace, Paeroa (24KB)

The Applicants were not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/46 Gordon/Carmine CARRIED

Mr & Mrs A A & M E Power, 19 McDonald Place, Paeroa (24KB)

The Applicants were in attendance.

The applicants requested clarification of Clause (c) as stated in the staff recommendations "That the decision of Council be entered on the title of the land for the information of a future owner."

It was advised that the exemption be noted on the Certificate of Title at the property owners expense.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/47 Carmine/Bubb CARRIED

Mr & Mrs Dalgety, 7 Darling Street, Ngatea (24KB)

The Applicants were not in attendance.

After considering all the evidence the Committee:

1. That all doors with access from the dwelling into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years. All windows opening out into the pool area are to be fitted with an inhibiting device to prevent the window being opened more than 100mm.
2. That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
3. That the decision of Council be entered on the title of the land for the information of a future owner.
4. That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

HC07/48 Gordon/Bubb CARRIED

The hearings closed at 11.20am.

The meeting closed at 11.30am.

CONFIRMED

D M Carmine

24 May 2007