Swimming in Pāpāmoa

The law applies to any residential pool capable of being filled to a depth of 400mm or more - including swimming pools, spa pools, above-ground pools, and inflatable pools. It also applies to hot tubs. Garden ponds are generally excluded. The duty applies to the pool owner, property owner, and any person with the pool on their property (including tenants and landlords).

Every residential pool must have a physical barrier that restricts unsupervised access by children under 5 years of age. This is the core requirement. The barrier must fully enclose the immediate pool area. A boundary fence alone is not sufficient - there must be a pool-specific barrier, though a compliant boundary fence can form part of it under certain conditions.

Key barrier specifications under F9/AS1:

• Minimum height: 1200mm for barriers not on a boundary
• Boundary barriers: minimum 1800mm high (measured on pool side)
• No openings wider than 100mm (prevents children squeezing through)
• No external features within 760mm of the top that could assist climbing (plants, furniture, BBQs, heat pumps)
• Gates must be self-closing and self-latching from any open position
• Gate latches must be on the pool side, unreachable from outside, or at least 1500mm from the ground
• No gate can be propped or held open
• Doors in buildings forming part of the barrier must be self-closing, self-latching, with a locking device at least 1500mm above floor level

Small heated pools (spa pools and hot tubs) with a water surface area of 5m² or less have an alternative compliance option under F9/AS2. If the spa pool walls are at least 760mm high above the adjacent ground, the walls are non-climbable, and there are no climbing aids within 760mm - then a lockable safety cover may be used instead of a surrounding fence. The cover must be lockable with straps and padlocks and must comply with specific load and cover requirements. Pools using a compliant safety cover are exempt from the 3-yearly inspection requirement. If the spa pool exceeds 5m², a full fence barrier is required.

A building consent is required for the installation of a swimming pool and its fencing/barrier. This applies even if the pool itself doesn’t require a consent. Exception: small heated pools (spa pools 5m² or less with walls 760mm+ high) are exempt from needing a building consent for their safety cover. Contact Tauranga City Council’s building team before installing any pool or pool barrier to confirm what consents are required for your specific situation.

The Building Act requires all residential swimming pools (and non-exempt spa pools) to be inspected at least once every three years by either Tauranga City Council or an Independently Qualified Pool Inspector (IQPI). In Tauranga, the initial inspection is included as a targeted rate in your property rates. If the barrier fails, a re-inspection fee applies. As at 2025, the re-inspection fee in Tauranga is $174.90 and the fine for a non-compliant pool barrier is $500.

You can use a private IQPI instead of the council. MBIE maintains a national register of IQPIs at mbie.govt.nz. If you use an IQPI, notify Tauranga City Council so their records can be updated. You will receive a letter from TCC when your inspection is due.

The most common reasons pool barriers fail inspection in Tauranga:

• Gates that don’t fully self-close and self-latch from all opening angles
• New landscaping or plants that have grown into climbing aids near the fence
• BBQs, outdoor furniture or heat pump units placed too close to the fence
• Latches that can be reached through or over the gate from outside
• House doors accessing the pool area without self-closing hardware or alarms
• Pool equipment (ladders, steps) left accessible near the fence line
• Gaps in fencing that have widened over time beyond 100mm