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Friday
Nov092012

Swimming Pools

There is a major coming around the corner on the implementation of the swimming pool regulations with Judicial clearly divided on which direction to go. McLean has always been a vocal opponent claiming that owners are being "persecuted".  Fox has always been in that corner, and probably Brljevich. I suspect that Hoadley and Connors will be far more disposed to seeing that the letter of the law is applied. But all are clearly concerned as to personal liability if they do anything that results in death as the result of not having done their job properly.

Judicial came to the full Council on Wednesday to get a direction on the imposition of NZS 8500 as it applies to spa pools and hot tubs - testing the waters if you excuse the pun!

What they got after some fairly wishy-washy debate was a direction to use NZS 8500 "only as a minimum", and to adopt other additional rules at their discretion. Clearly McLean wants staff to only apply NZS 8500, in order to give owners "certainty", and thereby to avoid having to impose the $300 fee that applies when an exemption is sought.

But I don't think he got his way on this (only the minutes will tell!), and the Committee have been left with an 'open end' on additional rules, with each exemption still need to go back to the Committee. I think everyone agreed that only in this way could they avoid liability. Note also that Government does not recognise NZS 8500, so it is all a bit of a mish-mash.

All I can say is that it was my impression that Jacqui Ellis had this situation under control when she was in charge, and that there was wide acceptance of her fair but firm imposition of the rules. The moment she leaves, it seems that aggrieved parties who want to re-litigate emerge from the wood-work to get their cases back in front of Council. This is inevitable with these contentious regulations - they have to be interpreted universally, fairly and consistently, otherwise it just becomes a nonsense.

I will make point of attending some Judicials when I know that exemption applications are on the agenda, just to se how it is being handled.

 

 

 

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