Caryl Posted August 6, 2011 Report Share Posted August 6, 2011 http://www.stuff.co.nz/dominion-post/news/5400512/Kapiti-residents-ordered-to-fence-ponds Quote Link to comment Share on other sites More sharing options...
Squirt Posted August 6, 2011 Report Share Posted August 6, 2011 Gah, thats so dumb, thats a really nice pond as well! Quote Link to comment Share on other sites More sharing options...
Caryl Posted August 6, 2011 Author Report Share Posted August 6, 2011 Personally I think if they are going to demand that then all lakes, streams and the sea should be fully fenced as well. In Blenheim all swimming pools have to be fenced but we have 2 rivers running through the middle of the town not to mention a large fountain in one of the parks plus a stream running through another. Quote Link to comment Share on other sites More sharing options...
livingart Posted August 6, 2011 Report Share Posted August 6, 2011 spent a bit of time trying to get an answer from authorities on this when we had the park if it is a man made structure under OSH determination you have created a potential hazard so could be held accountable for any death or injury caused by it whereas with a natural waterway or body of water who can they prosecute different councils have different bylaws regarding ponds and pools different interpretations on private and commercial too you are right Caryl by their own interpretation that council should then fence all waterways under their jurisdiction can see the ratepayers would like to fund that one Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted August 6, 2011 Report Share Posted August 6, 2011 It might be cheaper to put up a sign reading: " Swimming, wading, paddling or bathing not permitted." Exempted pools (Fencing of swimming pools act) Nothing in this Act shall apply in respect of— (a) any pool that has no part of the top of its side walls less than 1.2 metres above the adjacent ground level or any permanent projection from or object standing on the ground outside and within 1.2 metres of the walls, where the outside surface of the side walls is constructed so as to inhibit climbing and any ladder or other means of access to the interior of the swimming pool can be readily removed or rendered inoperable and is removed or rendered inoperable whenever it is intended that the pool not be used: (b) any excavation, structure, or product, in which the maximum depth of water does not exceed 400 mm: © any excavation, structure, or product,— (i) that is not used in association with any house, home unit, apartment building, school, hospital, hotel, motel, camping ground, or other similar premises; and (ii) that is not modified for use, or intended to be used, for swimming, wading, paddling, or bathing: (d) any pool intended to be used for wading or paddling in any place that is under the administration of a local authority: (e) any pool that is wholly enclosed within a building that is used principally for a purpose or purposes not related to the use of the pool: (f) any pool where— (i) persons are employed and present to provide supervision of the pool whenever the pool is available for use; and (ii) access to the pool is effectively prevented by a fence that complies with this Act or by locked gates or doors whenever the pool is not intended to be available for use. Quote Link to comment Share on other sites More sharing options...
Ira Posted August 6, 2011 Report Share Posted August 6, 2011 They'd probably argue that if the pond is on your land near your house then it IS " used in association with any house, home unit, apartment building" Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted August 6, 2011 Report Share Posted August 6, 2011 I agree, but having spent many years enforcing the stupid law on people who live next to rivers or whose kids play in the water races all the way home from school I think there are a lot of different interpretations of it. The truth is a child can and has drowned in 50mm of water so the exemption for depth is rubbish. Quote Link to comment Share on other sites More sharing options...
Sophia Posted August 7, 2011 Report Share Posted August 7, 2011 whereas with a natural waterway or body of water who can they prosecute God :sml2: Quote Link to comment Share on other sites More sharing options...
aquariumbeginner32 Posted August 7, 2011 Report Share Posted August 7, 2011 I completely agree that it's ridiculous. Our pond is behind fences/gates that are at least 1.2 metres high. We use a pool in Summer and we don't have a permit BECAUSE it's fenced off. As far as I'm concerned if a child is old enough to jump the fence/gate then they are old enough not to drown in a pond/small swimming pool. And if they are young enough to drown, then what the heck are they doing outside on their parents property which obviously wouldn't be fenced high enough that they couldn't escape, not supervised by their parent/s? I have two kids ages 4 and 7 and I know when the gates are locked that there's no way they are going to get to the pond/swimming pool. And there is a reserve right behind us with two bodies of water and a child HAS drowned in there before. There are no fences around the reserve. And the fences at the back of most of the other houses are not high enough to stop a child climbing over them. I see kids climb the fences all the time. IMO it's OUR private property and we have done what we can to protect our kids and others from drowning in the pond/pool. I don't see why we should have to get a permit just to have a pond/small pool. I can't even jump/climb the fence/gates LOL Besides, a young child can drown in a bucket of water (has happened) and a bathtub. That means a child COULD drown in a big enough pothole on the road if it rained and it was full of water! :facepalm: Quote Link to comment Share on other sites More sharing options...
aquariumbeginner32 Posted August 7, 2011 Report Share Posted August 7, 2011 If you ask me, just another money making scheme from the council... of course they're not going to fence all the ponds/streams etc on council land. It has nothing to do with saving lives. All they're interested in is finding ways to make money off of people that cannot afford it. And WHERE did the pond come from to begin with? Did the residents put it there? NO!! So WHY should they foot the bill to fence it, just because their houses are around it?! :an!gry Quote Link to comment Share on other sites More sharing options...
Squirt Posted August 7, 2011 Report Share Posted August 7, 2011 I'll write to them, considering their our council. There's streams and rivers that should be fenced off first because it's near a school and the kids walk to school! Bloody KCDC... Edit: No I won't...Ponds on rural land would not have to be fenced, and ponds on council land were exempt, which was "just stupid". Quote Link to comment Share on other sites More sharing options...
Joshlikesfish Posted August 7, 2011 Report Share Posted August 7, 2011 God :sml2: Quote Link to comment Share on other sites More sharing options...
anthony law Posted August 7, 2011 Report Share Posted August 7, 2011 :rotf: :rotf: Quote Link to comment Share on other sites More sharing options...
anthony law Posted August 7, 2011 Report Share Posted August 7, 2011 the central govt legislation does not include fencing of ponds, it was never intended for this purpose. Check if the council have created a bylaw to alter this. if they havnt they have no leg to stand on to in force it.. Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted August 7, 2011 Report Share Posted August 7, 2011 Don't forget that this is the fencing of swimming pools act created by the government that you voted for and administered by the local council without any additional staff or finances, but paid for with your rates. If they do not administer it and a child drowns they will be liable. Quote Link to comment Share on other sites More sharing options...
Squirt Posted August 7, 2011 Report Share Posted August 7, 2011 But then how come all ponds and livers, streams etc on council land are exempt? DUMB! Should try to get them to fence all of their waterways Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted August 7, 2011 Report Share Posted August 7, 2011 Because they are exempted © any excavation, structure, or product,— (i) that is not used in association with any house, home unit, apartment building, school, hospital, hotel, motel, camping ground, or other similar premises; and (ii) that is not modified for use, or intended to be used, for swimming, wading, paddling, or bathing: Quote Link to comment Share on other sites More sharing options...
Squirt Posted August 7, 2011 Report Share Posted August 7, 2011 So does that mean it is not used in association with... And that it is not... So both of them? Because those ponds are definitely not swimmable in. Imagine a tank in direct sunlight with duck waste and fish waste that has never been cleaned...and then image jumping in Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted August 7, 2011 Report Share Posted August 7, 2011 (i) & (ii) have to apply to get the exemption because it says (i) & (ii). I have swum in many ponds like that as a kid. Quote Link to comment Share on other sites More sharing options...
aquariumbeginner32 Posted August 7, 2011 Report Share Posted August 7, 2011 Don't forget that this is the fencing of swimming pools act created by the government that you voted for and administered by the local council without any additional staff or finances, but paid for with your rates. If they do not administer it and a child drowns they will be liable. Yet if a child drowns at the reserve behind us, they aren't liable, even though it's council land :dunno: Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted August 8, 2011 Report Share Posted August 8, 2011 I am not defending it. I think it is a badly worded act produced in a hurry by politicians trying to get votes after a couple of kids drowned in swimming pools. I think they would save a lot more lives trying to do something about the society that has the high rate of child abuse that we have. Quote Link to comment Share on other sites More sharing options...
aquariumbeginner32 Posted August 8, 2011 Report Share Posted August 8, 2011 I know you're not Yes I agree.... also the best way to avoid drownings is to focus on educating parents and caregivers. Honestly, I know kids drown and I don't necessarily blame the parents... I mean some kids get out of houses even when the doors are locked. I know I used to climb out my bedroom window when I was little and go to the neighbours (in the middle of the night!). But at the same time, IF your child has done something like that, wouldn't you take all steps to stop it happening again, such as putting security stays on the windows? But in most cases, I believe it is easily prevented. You don't let your kids go walking the streets... like parents in our neighbourhood. I've seen a kid in nothing but a diaper at only 1 1/2 years old-ish ON the road and the mother yelling at him to come inside from the window! :an!gry Did she really expect her baby to do as it's told and just get off the road? And WHY was he ON the road in the first place?! It's just complete stupidity. And you don't just leave a bathtub with water in it, when you have young kids that could drown in it. It's all about educating. And IF a child drowns then it should be the parent/s taking the blame... not the person with the pond/swimming pool. But that's just my opinion... Quote Link to comment Share on other sites More sharing options...
Caryl Posted August 8, 2011 Author Report Share Posted August 8, 2011 I once had a neighbour who had a swimming pool. She had it fully fenced with a childproof gate - her 2 year old could open it with ease. Teach kids to swim! Quote Link to comment Share on other sites More sharing options...
aquariumbeginner32 Posted August 8, 2011 Report Share Posted August 8, 2011 Exactly. Or just watch them! lol Quote Link to comment Share on other sites More sharing options...
anthony law Posted August 8, 2011 Report Share Posted August 8, 2011 Teach kids to swim! +1... the parents should be keep a eye on there child under five...especially around water....by then they hopefull they know how to keep there heads above the water,, Quote Link to comment Share on other sites More sharing options...
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