Evaluation of the Fencing of Swimming Pools Act 1987

Date: March 2008

Foreword

The Fencing of Swimming Pools Act 1987 ('the Act') is a small but important piece of legislation intended to promote the safety of New Zealand's young children around swimming pools and spa pools.

Every year in New Zealand, an average of four children under six fall into a swimming pool and drown. Often these tragedies could have been prevented had the pool been properly fenced.

Since the Act came into force 20 years ago there has been a significant reduction in the number of drownings. The Government recognises the importance of this legislation operating as effectively as possible and has committed to an evaluation of the Act.

This legislation links directly to the Building Act 2004 as performance standards for fencing are laid out in the Building Regulations 1992. For this reason, responsibility for the administration of the Act moved to the Department of Building and Housing ('the Department') from the Department of Internal Affairs on 20 October 2006.

The evaluation of the Act will not question the existence of the Act. The statistics clearly show that, while numbers of swimming pools have increased, drownings have continued to fall. In doing this evaluation, the Department wants to take proper account of lessons learned in the past 20 years and ensure the legislation continues to serve its purpose in the future.

This discussion document is the first of two papers seeking your feedback to assist the Department with the evaluation of the Fencing of Swimming Pools Act 1987. Your views on these issues will help us improve the effectiveness of the Act in promoting the safety of young children around swimming pools. Your feedback is most welcome, and should be submitted by 30 June 2008.

Suzanne Townsend

Acting Deputy Chief Executive, Sector Policy
Department of Building and Housing