Pool fence receives council approval, then fails three years later

A pool fence in Riversdale has been given a notice to fix, three years after Masterton District Council gave it a Code of Compliance tick.

A recent determination by the Ministry of Business, Innovation and Employment (MBIE) reversed the fix notice due to legal and procedural flaws by the council, but confirmed the barrier itself remained non-compliant with the Building Code.

The ruling highlighted that prior council sign-offs, including the original building consent and Code Compliance Certificate, did not shield pool owners who carried an ongoing obligation under the Building Act to ensure their barriers comply with the law.

In July 2021, the property owners obtained consent to install an inground swimming pool and barrier at their Riversdale Rd property.

Masterton District Council signed off the work and issued a Code Compliance Certificate in April 2023.

Along the southeastern boundary, the double-sided timber boundary fence stood 1.8 metres high on the neighbour's side, but only 1.5m on the pool side for an approximately 14.5m stretch.

In March 2026, the pool barrier was inspected by the council and it was given a "fail" mark.

The council notice stated "the boundary fence is less than 1800mm high (1500mm) when measured from the ground level on the pool side" and stated that the Building Code required it to be 1800mm high.

However, that 1.8m measurement comes from an "acceptable solution" - an optional compliance pathway.

While the Building Act and Building Code required barriers that restricted access by unsupervised children under five, neither specified an exact 1.8m rule.

In the decision summary, the property owners told MBIE that the pool was built three and a half years ago, the drawings were done and after the pool and fence were finished the inspector from the council checked it.

"Everything was signed off … so we were very surprised when 3.5 years later the pool fence failed the inspection," the owners said.

They noted the part of the pool fence that measured 1.5m was on the southeastern boundary and from the outside it measured 1.8m, restricting access to the pool from outside the property.

MBIE determined that the barrier on the southeast boundary of the owners' property did not comply with the New Zealand Building Code, as it did not restrict access to the pool by unsupervised young children.

Despite this, MBIE reversed the council's decision to issue the notice to fix due to issues with the form and contents of the notice.

This included citing an "acceptable solution" of 1.8m instead of the Building Code, failing to clearly specify the required remedy, and omitting mandatory statutory information regarding building consents and pool drainage.

A council spokesperson said "we note that MBIE has identified some minor legal issues with the notice but agrees that the pool barrier does not comply with the Building Code".

"A new order will be issued in accordance with MBIE's findings."