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Fencing of Swimming Pools

The Fencing of Swimming Pools Act 1987 aims to protect young children from the dangers of unfenced swimming pools. Private swimming pools are the single most significant water hazard for pre-school children.

Studies in New Zealand and overseas have shown that most drownings are amongst the children of pool owners and legitimate visitors, rather than wandering children. Therefore, a boundary fence is not a satisfactory safety measure.

What pools need to be registered?

It is a requirement of New Plymouth District Council that all spa pools and swimming pools are registered. Many will also need a building consent in order to comply with the Building Act.

Swimming pool registration form (47KB PDF)

Notes on completing the swimming pool registration form

What pools need to be fenced?

All private swimming pools need to be fenced unless:

The maximum depth is less than 400mm.
The walls of the pool are 1.2m or more above the ground with no steps up, hand holds or projections enabling a child to climb.
The pool is indoors (conditions apply, please check with us).

What standard of fencing is required?

The Act sets out the standard of fencing required in a schedule for means of compliance. Before constructing a pool fence, please ensure that it will conform with the schedule.

All materials and components must be of a durable nature, and be erected to inhibit any person from climbing over or crawling under the fence from the outside.

A New Zealand Standard (NZS8500:2006) provides a range of pool fencing options and introduces layers of protection to many existing pools. It is intended that this standard will replace the 1st schedule of the Fencing of Swimming Pools Act 1987 and is likely to be applied retrospectively to all pools in New Zealand.

While not currently enforceable, you are encouraged to construct your fence in accordance with this standard to reduce the impact this may have on your pool and surrounds when introduced.

For a copy of the New Zealand Standard (NZS8500:2006) please contact us.

Exemptions from the Act

The council has the discretion to grant exemptions to the Act if the danger to young children is not significant increased. Examples of when exemptions may be granted include:

Fences with railings on the wrong side, particularly where the top of the fence is not easily stood or sat on such as corrugated iron or spike topped fences.
Non-complying fences which are higher than the statutory minimum.
Walls, or combinations of walls and fences, which are high enough that it is unlikely small children could climb them to the pool area.
Walls, or combinations of walls and fences, dropping to the pool area which are sufficiently vertical that children could not climb down. The drop must be no less than 2.3m.

Pool owners who would like to be considered for an exemption must apply in writing to:
The Manager
Customer and Regulatory Services
New Plymouth District Council
Private Bag 2025
New Plymouth 4342

Notification of the existence of a pool

It is a requirement of the Fencing of Swimming Pools Act 1987 that those who own a pool, or intend to get a pool, must register the pool with the council.

Swimming pool registration form (47KB PDF)

Notes on completing the swimming pool registration form

If you tick 'yes' or 'N/A' to items (c)-(ab) on the swimming pool registration form, your proposed pool and fence should be compliant.

Owners must ensure that pools are fenced in accordance with the Act at all times. If the requirements are not fully complied with, the pool must be drained empty immediately.

Section 8 of the Fencing of Swimming Pools Act 1987 states that obligations of owners and other person in control of a pool (such as tenants). If you are the landlord of a property that has a pool, please advise your tenants that they also have responsibilities under this Act - as people in control of the pool.

(a) - (b) Pool location

(b) If the pool is enclosed in a building, or part of a building, not specifically used for the pool's purpose, the pool is exempt under the Act. It must still be registered with the council, and the door must be fitted with a locking device that, when properly operated, prevents the door from being readily opened by children under six years old.

(c) - (f) Above ground pools

If pools are at least 1.2m above the ground, and there is no easy way for children to climb into the pool, a fence is not required.

If you tick 'no' to any of (c)-(f) you are required to fence the pool in accordance with the Act.

If your pool is not above ground, please tick N/A for (c)-(f) and complete the checklist.

(g) Immediate pool area

The immediate pool area includes:

The pool.
Any paved area around the pool.
Any sitting area by the pool.
Changing rooms.
Gardens and lawn if they are obviously part of the pool area and there is a reasonable amount of yard area left outside the fence.

The immediate pool area may include any activities that are used in association with the pool.

The immediate pool area does not include:

Clotheslines and access paths.
Vegetable gardens.
General storage sheds.
The entire rear yard.

If your immediate pool area currently contains any of the above four items you may apply in writing for an exemption. However, it is highly recommended that you consider moving the fence to exclude these items. Applications for exemptions are subject to rigorous assessment and approval is not guaranteed.
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(h) - (r) Hinged doors giving access to pool areas; sliding / bi-fold doors giving access to the pool area; and gates

It is important not only that pools are fenced with gate or door access, but also that the gates or doors close and latch automatically. It must not be possible for children under six years old to open them.

Please ensure that gates and doors are maintained on a regular basis so that they continue to close and latch automatically. Never leave your gate or door held open, and keep objects that children could climb on well clear of the outside of the pool fence.

(s) Windows that open to the pool area

Buildings can form part of the swimming pool fence but should not enable children to enter the pool area via a window. All windows below 1.2m that give access to the pool area must be fitted with limiters so that they can not be opened any more than 100mm.

(t) - (aa)

The fence measurement requirements in the Act are designed to prevent children crawling under, climbing over and climbing through fences. It is important that materials are durable and that you maintain materials such as mesh, which may be prone to perishing.

(ab) Spa pools

Please contact the council for conditions.