Pool fencing rules hitting wall of resistance

By Stacey Bodger

More than half of all home swimming pools are still not properly fenced - more than a decade after stringent laws were introduced.

Pool-fencing contractors say many home owners are still strongly opposed to securing their pools. They estimate that up to 75 per cent of existing pools are not up to scratch.

The issue of swimming pool fencing was highlighted this week as two Auckland lawyers escaped a manslaughter trial over the 1997 drowning of 19-month-old Rupert Frost on their rented Parnell property.

After a successful appeal to the Solicitor-General, David McGregor and Rebecca Macky pleaded guilty in the High Court at Auckland to a lesser charge of "creating a criminal nuisance."

The Auckland City Council had notified the pair that the pool on the property they rented was unsafe, but the problem had not been fixed.

Pool-fencing contractor Rob Leaky estimates that between 50 and 75 per cent of Auckland properties with existing pools would be illegal. He says people who have not yet fenced their pools are often opposed to the fencing laws.

"There's a lot of strong feelings out there. They will only fence their pools when they absolutely have to and even then a lot of people are resentful," Mr Leaky says.

Another contractor, Bruce Tebbett, says people tend to think councils should secure their waterways before cracking down on private pool owners.

The environmental protection manager for the North Shore City Council, John McEwing, says the proportion of illegal pools is probably higher than 50 per cent.

The council will spend $160,000 next financial year to inspect and monitor pool fencing. Mr McEwing says it has inspected pools at all child-care and educational centres, covered all new pools built and worked through a historical database to identify existing pools without proper fencing.

The council is prosecuting five pool owners, and investigating a further 50 cases.

"No matter how much we try to educate people, they just don't realise how serious it is and fail to see how their pool could ever be a problem."

Waitakere City Council consent manager Grant Gillard says inspectors check all pools on record every three years. The council takes the issue very seriously and is confident that it is doing all it can to identify pools not on its records.

Manukau City and Papakura district councils have similar inspection systems.

Auckland City Council would not comment on any issue surrounding Rupert Frost's death.

A Water Safety Council study in 1997 found that more than half of the country's 57,000 privately owned pools were not fenced

The Water Safety Council executive director, Alan Muir, says no further research has been done. But he doubts whether many of those pools have been adequately fenced since.

Dr Gavin Frost, Rupert's father, this week urged people to make sure their pools were secure and report those that were not.

"We would not like to think that any other parents should have to go through the needless loss which we suffer."