View looking towards a swimming pool outside the fence.
Why do I have to fence my swimming pool and spa?
By making sure that your pool complies with the Swimming Pool Fencing regulations you know that your pool will also be safe.
These regulations are designed to protect children under 6 years of age by requiring that all swimming and spa pools are fenced
in accordance with the Fencing of Swimming Pools Act 1987.
Fencing your pool can be easy and not as much fuss as you may have thought. We can assist and advise you of what is required and your responsibilities under the law.
What is a swimming pool?
Any excavation, structure or product that is used and is capable of being used for swimming, wading,
paddling or bathing including spa pools.
What pools need to be fenced
All private swimming pools and spa pools have to be fenced unless:
The maximum depth is 400mm or less
The walls of the pool are 1.2 metres or more above the ground (or pool surrounds) and are constructed so as to
The pool is indoors.
(However, these pools still require a building consent).
Where must the fence be placed?
The fence must only surround the immediate pool area. The area can only include items used with the pool such as the
diving board and swimming pool furniture. It should not include the clothesline, vegetable garden, childrens play area etc.
Beware of including a boundary fence as part of a pool fence. Your neighbours may put trellis or a stack of wood,
for example on the other side. This could enable a child to climb over the fence. In such cases the fence would not
comply with the Act.
Can a building form part of the fence?
Buildings can form part of the fence but have to meet certain requirements in the Act.
Selling with an unfenced pool
Home buyers can obtain a report, called a Land Information Memorandum, on the property they are buying. If there is a
record of a non-complying pool on the property, this would be noted in the report. This could mean hasty and expensive
action by you to remedy the situation and enable the sale to proceed.
Fail to meet the requirements
Failure to comply may result in expensive legal proceedings. Information in this website can show you that
fencing your pool can be easy and not as much fuss as you may have thought.
Until your pool does comply with the Act, the pool must be empty or have a water depth of not more than 400 millimetres.
We want to help
We want to make Napier City a safer environment for everyone, including small children. Please contact us if you
are unsure what you need to do.
Disclaimers and Copyright
While every endeavour has been taken by the Napier City Council to ensure that the information on this website is
accurate and up to date, Napier City Council shall not be liable for any loss suffered through the use, directly or
indirectly, of information on this website. Information contained has been assembled in good faith.
Some of the information available in this site is from the New Zealand Public domain and supplied by relevant
government agencies. Napier City Council take cannot accept any liability for its accuracy or content. Where possible
we have tried to provide links to these government agencies for further reading.
Cadastral Information derived from Land Information New Zealands' Digital Cadastral DataBase (DCDB). CROWN
Portions of the Napier City Council information and material on this site, including data, pages, documents, online
graphics and images are protected by copyright, unless specifically notified to the contrary. Externally sourced
information or material is copyright to the respective provider.
Rating Information Database The Rating Information Database of Napier City Council is available for public inspection at the main counter on the first floor of the Civic Building, Hastings Street, Napier.
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