Fencing of Swimming Pools Act 1987

  • repealed
  • Fencing of Swimming Pools Act 1987: repealed, on 1 January 2017, by section 19 of the Building (Pools) Amendment Act 2016 (2016 No 71).
2 Interpretation

In this Act, unless the context otherwise requires,—

fence

(a)

means a fence that complies with the requirements of the building code in force under the Building Act 2004 in respect of swimming pools subject to this Act; and

(b)

includes any part of a building and any gates or doors that form part of the fence

gates or doors does not include any door to which clause 11 of the Schedule applies

immediate pool area means the land in or on which the pool is situated and so much of the surrounding area as is used for activities or purposes carried on in conjunction with the use of the pool

judicial officer means any District Court Judge, Justice, Community Magistrate, or Registrar of a District Court (other than a constable); but does not include any person who is a member or employee of the territorial authority

owner means the owner of a pool; except—

(a)

where the pool is subject to a hire purchase agreement within the meaning of the Income Tax Act 2007, in which case it means the purchaser of the pool:

(b)

where the pool is on premises that are not subject to a tenancy under the Residential Tenancies Act 1986 and the pool is subject to a lease or is part of premises subject to a lease, in which case it means the lessee of the pool or the premises

swimming pool and pool mean an excavation, structure, or product that is used or is capable of being used for the purpose of swimming, wading, paddling, or bathing; and includes any such excavation, structure, or product, that is a spa pool

territorial authority has the same meaning as in the Local Government Act 2002.

Section 2 fence: substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 2 judicial officer: amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 2 owner paragraph (a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 2 territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).