EDITORIAL: Sitting on this fence is just dumb

PAUL TAGGART
What on earth do the 120-plus MPs do for their money, apart from squabble and dream up new ways of spending our taxes? When there is a real issue, in urgent need of a simple, straight-forward resolution, why can't they get off their backsides and resolve the matter?
Take the long-running and bitter pool fencing legislation shambles. Because of poorly written legislation, the matter has been left to councils to interpret. And some of them, including Hastings District Council, have made a complete pig's ear of it.
They had acrimonious disputes with various pool-owners because of their zealous enforcement of the legislation, and they continue to impose a charge on pool owners even when their pools are legally fenced and have been inspected.
But central government has presented councils with this wonderful opportunity to be incompetent as a consequence of a poor law.
The legislation governing the fencing of swimming pools is now heading for another airing in court because our politicians are too slack to fix it.
Frustrated pool owner Gary Osborne, a founder of the Pool Owners' Action Group, is being prosecuted by Waitakere City Council, which alleges the fencing of his pool is illegal.
Mr Osborne, who accuses the council of being petty and "a law unto themselves" - similar accusations were made in Hastings - said the council had dropped a previous case against him but he wanted this one to go ahead. Mr Osborne has been battling the council since 2002.
Policing of pool laws is undermined by the vagueness of the law and conflict between the Fencing of Swimming Pools Act and Building Code fencing regulations.
Nothing has been done to clarify the law since High Court justice Tony Randerson said a year ago that it required Parliament's urgent attention.
Everyone is unhappy. Pool owners complain of inconsistent requirements, councils complain of inadequate law, and the Master Pool Builders' Guild said it was so incensed at delays in gaining permits for new pools it might take councils to court.
The Waitakere council acknowledges it is taking a conservative approach, but said it was doing its best with the law as it stands.
"It's an impenetrable mess," said Waitakere City Council legal services manager Denis Peard.
"For my mind the biggest travesty is that 12 months [after the Randerson decision] later, nothing has been done."
And that is the most sensible statement from a council employee on the issue of swimming pool fences for many a long year.
Water Safety New Zealand is, apparently, working on standards that all parties might agree to. A report is not expected until next September and amendments to the law may be years away.
Why on earth does it take so long?