Residential Building Consents

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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 visitors, rather than wandering children.

What pools need to be registered?

All spa pools, swimming pools and hot tubs prior to them being installed or placed on site. Many will also need a building consent in order to comply with the Building Act.

How do I register?

Complete the registration form and return it to us along with the $109 fee which covers one site visit to ensure compliance with the Act.

Swimming pool registration form (Six pages 47KB PDF)

Notes on completing the registration form

Is this a building consent?

No. This is a registration. All pool owners are required to advise us of the existence or intention of getting a pool on their property - so the council can add it to a register.

Do I have to fence my pool?

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.

The checklist in section 3 of the registration form covers all other aspects of compliance with the schedule.

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 New Zealand Standards or contact us to discuss your requirements.

New Zealand Standards website

I have a boundary fence – will this do?

No. Under the Act, the fence must enclose the immediate pool area only. The immediate pool area includes:

The pool.
Any paved area around the pool.
Any sitting area by the pool.
Changing room.
Ornamental 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.
Any activities that are used in association with the pool.

The immediate pool area can not include:

Clotheslines and access paths.
Vegetable gardens.
General storage sheds, tool sheds or garages.
The entire rear yard.
Children's sand pits, play areas or equipment not used in conjunction with the pool.Return to top

Do I need a building consent for my pool or fence?

Yes, the Building Act requires that building consents be obtained for all new swimming pools, spa pools and hot tubs, and for any alterations to existing swimming pools, spa pools and hot tubs and their barriers/fences.

What happens after I advise you about my pool?

The Swimming Pools Compliance Officer will check your proposal (a pre-issue site visit may occur at this stage). When your building consent is approved, you may proceed with the installation of your pool, and then the Swimming Pools Compliance Officer will inspect the site to ensure the pool fencing complies with the Fencing of Swimming Pools Act. A fully complying, permanent or temporary fence must be in place prior to the pool being filled.

What if my fence doesn’t meet the requirements of the Act?

The inspector will let you know what you need to do to make the fence comply. Until it does comply, the pool must be drained immediately or a fully complying temporary fence erected.

What are the requirements of the Act?

The fencing requirements are set out in the first schedule of the Fencing of Swimming Pools Act and overlap with F4 Safety from falling (Building Code Clause). These are soon expected to be superseded by NZS 8500:2006 Safety Barriers and Fences Around Swimming Pools and Hot Tubs.

Ongoing Inspection programme

The Fencing of Swimming Pools Act requires councils to carry out regular inspections of swimming pools in their district to ensure pools continue to comply with the requirements of the Act. We have adopted a three yearly inspection cycle as recommended by NZS:8500 Safety Barriers and Fences Around Swimming pools and Hot Tubs.

The charge for this has been set at $109 per inspection and is charged proportionally via the property rates account, however re-inspections for non-complying pools and their fences/barriers incur a fee of $79.

Fencing of Swimming Pools Act 1987 (15 pages 308KB PDF)

Exemptions from the Act

We have the discretion to grant exemptions to the Act if the danger to young children is not significantly 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.

Pool owners who would like to be considered for an exemption must apply in writing stating which features do not comply with the Act and the means provided to ensure the safety or restrict access for young children.

Post your application to:
The Manager
Customer and Regulatory Services
New Plymouth District Council
Private Bag 2025
New Plymouth 4342Return to top

Notes on completing the swimming pool registration form

Notes on completing the swimming pool registration

Swimming pool registration form (Six pages 47KB PDF)

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 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 possession 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 us, 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.

Please note, the Act is soon to be reviewed and this exempt status is expected to change. We urge any pool owner to adopt the spirit of the Act to ensure the safety of young children otherwise a future upgrade may be required.

(c) - (d) Spa pools

Please contact us for further conditions.

(e) - (h) 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, the pool is considered to be self-fenced.

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

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

(i) Immediate pool area

The immediate pool area may include:

The pool.
Any paved area around the pool.
Any sitting area by the pool.
Changing rooms.
Gardens or 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. Return to top

The immediate pool area can 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.

(j) - (t) Swinging 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 swing doors close and latch automatically with the latch at least 1500mm from inside floor level. Sliding and bi-fold doors are required to restrict access in addition to top locks. They may operate the same as swinging doors or be fitted with a pool door alarm or a Council-approved system. Please discuss with us prior to installation.

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.

(u) - (v) 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 restrictors so that they can not be opened any more than 100mm. Any higher windows must have a 1.2m clearance of any climbable item or have restrictors fitted.

(w) - (ad)

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.