Stratford councillors debate safety fencing at wastewater treatment ponds

The curent fencing at Stratford's wastewater treatment ponds. Photo / Ilona Hanne

The death by drowning of Southland toddler Lachlan Jones in a Gore District Council wastewater pond has led Stratford District councillors to vote in favour of funding a change to the fencing at Stratford’s wastewater pond.

On Tuesday, March 28, councillors visited the wastewater ponds on Victoria Rd before the scheduled policy and services meeting that afternoon, so they could see the current fencing in place before making a decision on a report on the subject in the meeting.

The report, from director of assets Victoria Araba, sought councillors’ approval to spend an estimated $175,000 on 1.8-metre-high fencing around the 1.1-kilometre perimeter of the wastewater treatment ponds. That might be through improving the current fencing or by installing a new fence, she said, but whichever option was chosen, elected members needed to approve the expenditure.

The report referenced the drowning of Lachlan Jones in 2019 and the subsequent prosecution of Gore District Council (GDC) by WorkSafe New Zealand. The report noted GDC had pleaded guilty to a charge of failing to perform its duties under the Health and Safety at Work Act 2015, a charge that carries a potential fine not exceeding $100,000.

Councillor Ellen Hall spoke in favour of spending the money.

“We have tragically been given an example of what can happen if wastewater ponds aren’t fenced properly.”

She said the potential for an incident happening such as the Gore case was always there when it came to small children.

“Our little people do some very surprising things at times and can walk great distances.”

Councillor Grant Boyde said he understood the council had a responsibility to take all practical steps to keep people safe.

“I hear all the reasons for doing it, but if we are to do it, it needs to be done at minimal cost ... It’s a huge amount of money to spend when the ponds have been there for 80 years with no issue.”

Councillor Mat Watt questioned whether it was a good use of council money.

“We could be spending $175,000 to mitigate the risk of a $100,000 penalty.”

He said if the council took the view that high fencing was needed to mitigate the risk of a child drowning there, the same logic needed to be applied to other bodies of water, such as the duck pond in Victoria Park.

“If we look at the risk and liability of people drowning [in the wastewater ponds], I don’t think it rates highly.”

Councillor Vaughan Jones said that, when it came to WorkSafe, the key phrase was “practical and reasonable”.

“Well, anything is practical at a cost. We can build anything at a cost, so yes it is practical. That leaves the question, is it reasonable? So is it reasonable to ask our ratepayers for more money to build a fence?”

Referring to Watt’s comments around the cost of the fine versus building the fence, he said there would be the non-financial cost of any tragedy too.

Deputy mayor Min McKay, chairing the meeting, asked councillors to vote on the recommendations in the report. Mayor Neil Volzke called for a division, requiring each councillor to vote individually, either in favour of the fencing and the relevant funding, or against. Ten elected members, including the mayor, voted in favour, with Watt the sole vote against. The recommendation was therefore carried and will go to the full council meeting on Tuesday, April 11, to be adopted.

Disclaimer: Editor Ilona Hanne is married to the CEO of Stratford District Council.