Whanganui East School at odds with council over swimming fees

The council took over operations at the pool in 1947. Photo / Bevan Conley

A stoush has emerged between Whanganui District Council and Whanganui East Primary School over the use of a community pool.

For the first time in nearly 50 years, the school has been asked to pay for its students to swim at the neighbouring Whanganui East Pool which is operated by the council.

School principal Eleanore Barry said she received an invoice for $1526 from the Whanganui District Council in March last year - fees for the school’s use of the pool in the 2022/23 season - which it is yet to pay.

She said that went against an agreement that had been in place since the 1940s - when the council took over pool operations from the school.

“I have been in my role for 12 years and at the school for 20 years.

“I’ve spoken to the previous principal and the principal before that, and at no point in the last 40 years has a payment ever been made for the pool.”

Council records show a meeting between council officials, school principal A. MacLean and Wanganui Education Board secretary G.N. Boulton on July 28, 1947.

“Mr Boulton said that the land [about 1/2 acre] would be vested in the council provided the school children had the right to use the baths free of charge during school hours when under the control of teachers.

“The mayor promised that the council would go fully into the matter at an early date.”

The following month, the council agreed to take over the Wanganui East School Baths and later agreed pupils attending the school would be admitted to the baths for free during school hours.

Whanganui East School principal Eleanore Barry.

Operation of the pool moved back to Whanganui District Council from Sport Whanganui in 2022.

Customer experience general manager Marianne Cavanagh said council undertook due diligence on all existing contractual relationships at that time.

“Our searches showed that although an arrangement was in place for the school to continue to use the pool in 1947 - when the council took over the Whanganui East Pool from the Whanganui East School Committee - subsequent records showed there were fees structures in place.

“By 1975, fees were being charged as central government funding to cover the cost of pool hire was available to schools that did not have their own pool,” she said.

Records show in 1975, the school agreed to pay $90. But the school can’t recall a time it has paid for it since.

Cavanagh said the school could use operations grant funding from the Ministry of Education to pay for use of the pool.

“All other schools in the Whanganui District pay to use the Whanganui East Pool and the Splash Centre,” she said.

But Barry said there was nothing in the school’s operations grant (from central government) that was tagged for swimming.

“That grant covers everything from the resources we buy to the staff we employ.”

Whanganui East School students receiving a water safety lesson at the pool in 2023.

The board understood “times have changed” and it wasn’t opposed to paying something towards the use of the pool.

However, it wanted acknowledgement that the original agreement between the school and the council existed, Barry said.

“I want whoever comes and sits where I am today to know the history and the story sitting behind the pool, and to know why it’s changed.

“If we don’t get this sorted now, the next principal is going to have the same issue.”

Whanganui District councillor Charlie Anderson said there were “far too many contradictions” surrounding the issue.

“If there was no agreement, why was the school permitted by numerous councils to swim for the last 80-odd years without payment until now?”

The future of the pool was discussed by the council last October, with renovations and upgrades expected to cost $2.1 million.

The same month, the council offered to wipe the $1526 in fees on the condition the school paid $1 per student for the 2023/24 season and $2 per student for the next two seasons.

After that, the rate would “be reflective of the standard rates for all schools at that time”.

An agreement is yet to be reached but the school was permitted to use the pool for two days a week last season.

Lawyer Rob Moore says if an agreement isn't reached the issue will be taken to the Disputes Tribunal.

Whanganui lawyer Rob Moore is now working with the school board to resolve the issue.

Nothing would be decided until a community meeting was held, Moore said. That is scheduled for April 9.

“The school isn’t opposed to paying something but it isn’t willing to turn its back on 80-odd years of history.

“We told them [council] that we would run a community meeting and invited them to come and explain why this is happening.

“Then, if the community agrees with what you’re saying, that’s fine - that’s the community’s decision.”

Moore said if an agreement couldn’t be reached the next step would be to take the issue to the Disputes Tribunal.

“In the board’s opinion, if the arbitrator rules against it, at least it knows it did everything in its power to protect the school’s interest.”

Cavanagh said the council wasn’t willing to meet with the school on the issue and the latest proposal put forward was on the basis that council needed to balance community requests with the needs of all ratepayers.

Council was legally entitled to set fees from year-to-year as it saw fit, she said.

“Whanganui District Council will be engaging with the community on the Whanganui East Pool as part of its upcoming long-term plan consultation, starting on April 2.

“We welcome submissions from the community.”

Mike Tweed is an assistant news director and multimedia journalist at the Whanganui Chronicle. Since starting in March 2020, he has dabbled in everything from sport to music. At present his focus is local government, primarily the Whanganui District Council.