NZ council to pay $270k to homeowners following faulty pool certifications
The New Zealand High Court awarded $NZ270,000 ($AU245,000) plus interest and costs to two homeowners after the Tasman District Council was found negligent in a pool barrier dispute.
The judgement in February to pay damages to Keith Marshall and Louise Buchanan highlights the importance of having competent and trained individuals undertake pool and spa barrier inspections.
The homeowners discovered their pool barrier was not compliant by a Tasman District Council inspector despite the same council inspecting and determining the same pool barrier was compliant on three previous occasions.
The council had also issued a code of compliance certificate (CCC) prior to the couple purchasing the property.
The council inspected the pool several times and found the pool barrier to be compliant. In 2019, the owners decided to sell the house and the council conducted a further inspection, and were advised – despite no changes being made since the previous inspections – that their pool barrier had failed the inspection and was non-compliant.
The council was found to have negligently issued the initial building consent, negligently carried out the original inspection and issued a compliance certificate, negligently carried out an inspection in 2009 and 2012, made negligent misstatements about the property’s compliance in the inspections, and caused loss to the homeowners.
In 2019, the couple were preparing to sell their home, planning for retirement, when the council inspection officer deemed the pool non-compliant as the property’s doors were not self-closing or alarmed.
The innovative award-winning home was specifically designed around a central pool, linking the studio and living areas. The council awarded the CCC in 2006, prior to the couple buying the home. The couple said they would not have purchased the home without the certificate, and the timeframe to launch an appeal had passed.
The changes to the design were valued by the Property and Standards Board as a 25 per cent reduction in amenity, although the council valued the loss of value at a lower rate.
Training is crucial
SPASA chief policy officer, Spiros Dassakis, says that pool barrier inspectors play an important role in keeping the community safe.
“A certificate of compliance or approval confirming compliance should not be issued by a pool barrier inspector if they are not satisfied or are unsure that the barrier complies with the prescribed pool barrier requirements,” he says.
“This recent legal precedent reinforces the need for better educational outcomes delivered by credible organisations when undertaking training to support the safety and wellbeing of the public.”
Michelle Marks, SPASA’s region manager for New Zealand says SPASA supports practical training of industry professionals and clear guidelines.
More information
Training through the Institute of Research and Learning: https://www.irlearning.com/
High Court Transcript: https://www.courtsofnz.govt.nz/assets/cases/2023/2023-NZHC-53.pdf
MAIN IMAGE: The pool as inspected three times
