HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
MINUTES OF A MEETING OF THE HEARINGS COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 7 FEBRUARY 2008 COMMENCING AT 9.00 AM
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PRESENT |
Crs D M Carmine (Chairperson), B A Gordon and G R Leonard |
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IN ATTENDANCE |
Mr R Bierre (Supervising Officer - Monitoring), Mr M Sexton (Dog Control Officer), Mr G Adams (Dog Control Officer) and Ms C Black (Council Secretary) |
APOLOGIES
RESOLVED
THAT the apology of Cr J M Bubb be received and sustained.
HC08/01 Gordon/Carmine CARRIED
LATE ITEMS
There were no late items.
DELEGATED MATTERS
Reports of the matters dealt with by way of delegation from 1st October to 1st December 2007 were submitted separately for the Committee’s information.
RESOLVED
THAT the reports of delegated matters be received.
HC08/02 Carmine/Leonard CARRIED
CONFIRMATION OF MINUTES
MEETING HELD THURSDAY 13 DECEMBER 2007
Due to the absence of Cr Bubb who was in attendance at the meeting of Thursday 13 December 2007, it was agreed that the minutes be confirmed at the next meeting of the Committee.
APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987
MRS J M Pettifer, 15 Kaikahu Road, Kerepehi (04750/043.01) (382359)
The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her swimming pool.
A detailed report from the Monitoring Officer including supporting documents was available.
A hearing was scheduled for 9.15am. The hearing commenced at 9.15am.
The hearing closed at 9.20am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
MRS J M Pettifer, 15 Kaikahu Road, Kerepehi (04750/043.01) (382359)
DECISION
After considering all the evidence the Committee:
RESOLVED
That the request from Mrs Pettifer 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 garage 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 doors 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:
That all doors with access from the garage 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.
That the doors allowing access from the garage into the pool area is locked shut when the pool is not under adult supervision.
That the decision of Council be entered on the title of the land for the information of a future owner.
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
HC08/03 Gordon/Carmine CARRIED
P & C O’REILLY, 11 FISHER ROAD, RD1, PAEROA (04760/005.00) (378009)
The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their spa pool.
A detailed report from the Monitoring Officer including supporting documents is attached.
A hearing was scheduled for 9.20am. The hearing commenced at 9.20am.
The hearing closed at 9.25am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
P & C O’REILLY, 11 FISHER ROAD, RD1, PAEROA (04760/005.00) (378009)
DECISION
After considering all the evidence the Committee:
RESOLVED
That the application from Mr & Mrs O’Reilly for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for a lockable cover to be fitted and used in strict accordance with the conditions in place, be granted, subject to the following conditions.
That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.
That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.
That the lockable cover is maintained to a standard acceptable under the NZS8500:2006
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.
HC08/04 Carmine/Leonard CARRIED
MS A FORSYTH, 171 OPARIA ROAD, TURUA, THAMES (04710/038.07) (377888)
The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her spa pool.
A detailed report from the Monitoring Officer including supporting documents was available.
A hearing was scheduled for 9.25am. The hearing commenced at 9.25am.
The hearing closed at 9.30am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
MS A FORSYTH, 171 OPARIA ROAD, TURUA, THAMES (04710/038.07) (377888)
DECISION
After considering all the evidence the Committee:
RESOLVED
That the application from A Forsyth for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for a lockable cover to be fitted and used in strict accordance with the conditions in place, be granted, subject to the following conditions.
That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.
That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.
That the lockable cover is maintained to a standard acceptable under the NZS8500:2006
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.
HC08/05 Leonard/Gordon
CARRIED
MR & MRS MCINNES, 30a ADAMS STREET, WAIHI (05030/537.00) (380972)
The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their swimming pool.
A detailed report from the Monitoring Officer including supporting documents was available.
A hearing was scheduled for 9.30am. The hearing commenced at 9.30am
The hearing closed 9.35am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
MR & MRS MCINNES, 30a ADAMS STREET, WAIHI (05030/537.00) (380972)
DECISION
After considering all the evidence the Committee:
RESOLVED
That the request from Mr & Mrs McInnes 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 door is fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. In addition, Mr & Mrs McInnes seek from the Committee a waiver to allow him to fit inhibitors to the windows that allow direct access to the immediate pool area, under section 6 of the Act. Allowing the exemption would not significantly increase danger to young children.
The waiver is subject to the following conditions:
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.
That 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.
That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
That the decision of Council be entered on the title of the land for the information of a future owner.
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
HC08/06 Carmine/Gordon
CARRIED
MRS T CHAPLIN, 83 BULLTOWN ROAD, WAIHI (05050/031.13) ((380990)
The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her spa pool.
A detailed report from the Monitoring Officer including supporting documents was available.
A hearing was scheduled for 9.35am. The hearing commenced at 9.35am.
The hearing closed at 9.40am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
MRS T CHAPLIN, 83 BULLTOWN ROAD, WAIHI (05050/031.13) ((380990)
DECISION
After considering all the evidence the Committee:
RESOLVED
That the application from T Chaplin for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for a lockable cover to be fitted and used in strict accordance with the conditions in place, be granted, subject to the following conditions.
That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.
That the lockable cover is maintained to a standard acceptable under the NZS8500:2006
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.
HC08/07 Gordon/Carmine CARRIED
MS S A CARTER, 16 WHIRITOA BEACH ROAD, WHIRITOA (05052/015.00) (380975)
The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her spa pool.
A detailed report from the Monitoring Officer including supporting documents was available.
A hearing was scheduled for 9.40am. The hearing commenced at 9.40am.
The hearing closed at 9.45am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
MS S A CARTER, 16 WHIRITOA BEACH ROAD, WHIRITOA (05052/015.00) (380975)
DECISION
After considering all the evidence the Committee:
RESOLVED
That the application from S Carter for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for a lockable cover to be fitted and used in strict accordance with the conditions in place, be granted, subject to the following conditions.
That a lockable cover be fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.
That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.
That the lockable cover is maintained to a standard acceptable under the NZS8500:2006
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.
HC08/08 Carmine/Leonard CARRIED
W G & L McCARTHY, 18 HAURAKI ROAD, TURUA, THAMES (04710/218.07) (380965)
The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their swimming pool.
A detailed report from the Monitoring Officer including supporting documents was available
A hearing was scheduled for 9.45am. The hearing commenced at 9.45am.
The hearing closed at 9.50am.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
W G & L McCARTHY, 18 HAURAKI ROAD, TURUA, THAMES (04710/218.07) (380965)
DECISION
After considering all the evidence the Committee:
RESOLVED
That the request from Mr & Mrs McCarthy 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 door is fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. In addition, Mr & Mrs McCarthy seek from the Committee a waiver to allow him to fit inhibitors to the windows that allow direct access to the immediate pool area, under section 6 of the Act. Allowing the exemption would not significantly increase danger to young children.
The waiver is subject to the following conditions:
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.
That 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.
That the door with access from the dwelling into the pool area is locked shut when the pool is not under adult supervision.
That the decision of Council be entered on the title of the land for the information of a future owner.
That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.
HC08/09 Carmine/Leonard CARRIED
The meeting adjourned at 9.50am
The meeting reconvened at 10.00am.
NOTICE OF RETENTION OF DOG THREATENING PUBLIC SAFETY UNDER SECTION (71) DOG CONTROL ACT 1996
MS KATHERINE STEVENS, 10A NAHUM STREET, PAEROA (384152)
An appeal has been lodged.
A detailed report from the Dog Control Officer and supporting documents was available.
A hearing was scheduled for.10.00am. The hearing commenced at 10.05am.
Mr Perry Dovell, Chairperson of Thames SPCA (in support of)) and Ms Stevens (Applicant) were in attendance for the benefit of the hearing.
Ms Stevens is the registered owner of ‘Kahn Stevens’, a brindle and white neutered male Bull Terrier. The dog presently holds a Dangerous Dog classification.
Mr Dovell provided an account of the incident concerned. He accepted that the Complainant (a man working at the next door property) did receive a puncture wound from Ms Stevens dog.
Mr Dovell stated that the dog was able to leave the property because the gate had been left open by Ms Stevens’ 15 year old son and requested leniency towards the offence for this reason.
Ms Stevens described the condition of the gate and how it is fastened.
Mr Dovell stated that Ms Stevens had fulfilled the conditions of the Dangerous Dog classification for two years and it was only because her son had left the gate open that the situation has arisen.
Ms Stevens stated that she was advised that Council checks all gates of owners with dogs classified as dangerous to ensure the fencing and gates are secure and comply with the Dog Control Act. She stated that it appears Council have not done this.
Mr Sexton advised that Council does carry out property inspections of owners whose dogs have been classified on an annual basis. He stated that Ms Steven’s property was inspected in late February - early March 2007. These checks are currently being undertaken in the district.
When Mr Adams visited the property following receipt of the complaint, he found that the gate into the property was left open.
Staff Report
Mr Adams presented his report. A copy of the Complainant’s evidence was also available for the member’s consideration.
Mr Adams provided an account of the incident.
Mr Adams advised that eight infringements have been issued to Ms Stevens regarding the behaviour of her dog since September 2001.
Mr Adams stated that the notice should be upheld as the dog is a threat to the public and recommended that the dog be held in the pound until the matter goes to court with an order for the destruction of the dog.
A member of the Committee asked Mr Adams what he found when he was undertaking his inspection of the property in 2006. He stated that the gates were tied up with a shoe lace. The fencing was also found to be inadequate.
Mr Sexton agreed that at the inspection undertaken in 12 June 2006 the fencing was found to be poor. Mr Bierre, Councils Regulatory Manager, was also involved in the inspection process due to concerns of the gates and poor fencing. Eventually the fencing was brought up to an acceptable standard.
Right of Reply
Mr Dovell stated that Ms Stevens did not receive a letter through the mail advising that the fencing of her property was not up to standard. He advised that Mr Sexton dropped the letter to Ms Steven’s house once she had advised Council she had not received the correspondence.
Ms Stevens provided copies of references from people with children supporting the good character of the dog for the Committee’s consideration.
In July 2006 when the letter came from Council following the inspection, no issues of security were apparent. Mr Dovell stated that a dog can be defensive of a property or protective of it which does not mean it is dangerous.
Cr Carmine reminded Mr Dovell that the dog was not on the property at the time of the incident and did cause a puncture wound to someone outside of the property.
Mr Sexton stated that Ms Stevens’ property was visited when undertaking annual checks throughout Paeroa. There were no issues 12 months prior to the incident.
Three gaps were found where the dog could exit the property. Mr Sexton did not agree with Mr Dovell that this was a territorial response by the dog as the dog left the property and bit someone outside of property.
The Chairperson advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.
The hearing closed at 11.00am.
MS KATHERINE STEVENS, 10A NAHUM STREET, PAEROA (384152)
DECISION
After considering all the evidence the Committee concluded that if the dog named Kahn Stevens owned by Ms Katherine Stevens of 10A Nahum Street, Paeroa was released from the pound it would constitute a potential threat to public safety
RESOLVED
THAT the Section 71 Notice be upheld, that the dog remain in custody pending prosecution and recommended that the Manager of Planning & Environmental Services commence legal proceedings.
HC08/10 Gordon/Carmine CARRIED
The meeting closed at 11.15am.
CONFIRMED
D M Carmine
Chairperson
21 February 2008