Summary
This is a complaint relating to the Kāpiti Coast District Council’s (the Council’s) interpretation and application of the Fencing of Swimming Pools Act 1987 (the FOSPA) to properties adjoining storm water detention ponds in its district.
The Council identified certain properties which border storm water detention ponds and so may require fencing under the FOSPA. The Council wrote to the property owners and placed a notation on the LIM relating to each property, stating that the property may require fencing to comply with the FOSPA.
In my opinion, the Council has acted unreasonably by placing such a notation on the property owners’ LIMs without further investigation, and in doing so has not discharged its obligations to ensure compliance with the FOSPA. The Council has agreed to remove the information from the LIMs, review each of the affected properties, and take further action where necessary through inspection to ensure compliance with the FOSPA.