Fencing Regulations....

The Fencing of Swimming Pools Act 1987
New Zealand Standard 8500:2006
 

The Fencing of Swimming Pools Act 1987 (FOSP Act) requires that, in the absence of a specific exemption, every spa pool be fenced in accordance with the Act.  

Under the FOSP Act a swimming pool is defined as a building or a construction and a building consent from your local Territorial Authority (or Council) is required. 

For the purposes of the FOSP Act a spa pool and a swimming pool have the meaning.  Hence the placement of a spa pool on your property is deemed to be a building or construction and a building permit is required.
  
In 2006, New Zealand Standards released NZS 8500:2006 with the intention that it will replace the current schedule in the FOSP Act.  Section 3.10 of this standard relates to spa pools and specifies that provided certain conditions are met, mainly in terms of the height of the spa pool and the existance of a lockable cover, then spa owners will not have to install specific fencing.

Spa International confirms that, with respect to its Plug 'n Spa Pool, all the requirements of NZS8500:2006 that are to be met by it, as manufacturer and distributor, are complied with.  The only other requirements are those that the spa owner / property owner must meet and these are quite minor.

However, until Parliament enacts the change to the FOSP Act, the responsibility for granting exemptions still rests with each Council.  Councils may use NZS8500:2006 as a guideline in deciding as to the granting of an exemption.

In the meantime property owners are obliged to obtain a consent from their council to place a spa pool on their property.  Spa pool owners / property owners may apply for an exemption to the requirements to fence their spa pool using NZS8500:2006 as grounds.

As there are about 72 Territorial Authorities or Councils and the responsibility to grant an exemption rests with each it will be no surprise to know that there is a large variation in interpretation of requirements and approach to granting exemptions.

Further, as NZS8500:2006 is subject to copywrite protection, nothing of this standard can be reproduced to help with your understanding.

In an effort to help with negotiations, we have produced a document that you may use in support of your application to your Council for an exemption from the fencing requirements under the FOSP Act.   See - FOSP Act & NZS 8500:2006.