Private pool fencing rule on Northland island is too pedantic, says Dover Samuels

But the ministry ruled that the law clearly states that any pool in a residential area must have barriers to block access by unsupervised children under the age of 5 and that the lack of fencing “would significantly increase the risk of injury or death”.

According to Dover Samuels, a former MP and kaumātua for Ngāti Kura, the hapū who claim the island, the rule makes no sense as the sea on the island is not cordoned off.

“To me it’s bureaucracy gone mad – it’s beyond belief. The pool is a few metres from the average high water mark,” he said.

“My kids would just go into the sea and swim… the beaches around the island are accessible to kids of all ages and at any time of the day.”

Samuels said the fence would only serve to prevent “seagulls and seals” from entering the pool.

Usually it is only the caregiver and his/her partner who inhabit the island.

“The provisions relating to swimming pools and children need to take a common sense approach and that, in my view, defies imagination.”

Water Safety New Zealand supported the demand for fencing because in the past 20 years 38 children under the age of 5 have drowned fatally in swimming pools, compared with two on beaches and 14 in rivers.

Samuels said he supports water safety, but that this pool is particularly unique because of its oceanfront location.

The current owners bought Motukawaiti in 2022 for $10.6 million, down from the original asking price of $30 million in 2014 and $22 million in 2020, after the property was vandalized by squatters.

The island owners, whom Samuels described as a Chinese family, have built a good relationship with Ngāti Kura, Samuels said.

“They wanted to develop a positive relationship with Ngāti Kura; they didn’t want any adversity between us.”

The owners have removed rubbish from the island, repaired the jetty and worked with Ngāti Kura on native planting and marine protection, he said. The hapū have invited the owners to their marae.

Ngāti Kura still has a claim to the island at the Waitangi Tribunal and still wants it back, Samuels explained.

“If we are successful and the Chinese owners see fit to offer it to us or the Crown, then we would use it in the same way as the usual land, just like the rest of the Cavallis we own.”

The Far North District Municipal Council said the ministry has now made a decision on fencing the pool, in line with current legislation. It is now up to the owners to comply with the requirement to fence the pool or remove the pool.

Trent Blakeman, building services manager, admitted it was unusual to have a pool so close to the sea, but said children under the age of five rarely go near such natural disasters unsupervised.

Access to the island was not as easy as from the mainland, but it was still possible for the council to check that the work had been carried out, he said.

In general, the pools at Far North were fenced, but in many cases there were problems with fencing maintenance, Blakeman said.

Denise Piper is a news reporter for the Northern Lawyerwith a focus on health and business. She has over 20 years of experience in journalism and is passionate about covering stories that make a difference.