Your pool barrier failed. What happens next?
A re-check, usually in 21 days, and possibly a notice to fix. Failing to comply with a notice to fix about a pool barrier is a $500 infringement, or up to $20,000 on conviction.
By NZ Swimming Pools
Key takeaways
- Auckland Council automatically re-books a re-check 21 days after a failed inspection, and after 48 hours where it considers the site particularly dangerous.
- A council can issue a notice to fix under the Building Act for a non-complying pool or barrier.
- Failing to comply with a notice to fix about a means of restricting access to a residential pool is an infringement offence with a $500 fee (Building (Infringement Offences, Fees, and Forms) Regulations 2007, Schedule 1).
- On conviction the fine is up to $20,000 for an individual and $60,000 for a body corporate (Building Act s 168(1AB)).
- The duty falls on more than the owner: the pool operator, the landowner, the occupier, a hire-purchase buyer and some lessees are all named in s 162C(4).
You get told what failed and you get re-checked, usually quickly: Auckland Council re-books a failed barrier automatically in 21 days, and after 48 hours where it considers the site particularly dangerous. If it is not fixed, the council can issue a notice to fix. Ignoring that is a $500 infringement fee, and on conviction up to $20,000 for an individual or $60,000 for a company.
Step one: the re-check
Auckland Council's process, published on its own page, is that a barrier which fails is automatically re-booked for a re-check in 21 days, and that you should contact the council if you cannot get the work done in time. The re-inspection is charged: its 2026/27 fee for a failed inspection, or one where the inspector could not get access, is $209.
Other councils run their own process. Tauranga City Council covers the first inspection in its targeted rate and charges $204 for each additional one. We only publish fees for councils whose current schedule we have read.
Step two: a notice to fix
A notice to fix is a formal instrument under the Building Act. It must be in the prescribed form, must state a reasonable timeframe, and can require you to apply for a building consent or a certificate of acceptance for work already done. For a residential pool, the “specified person” it can be issued to includes any of the people named in s 162C(4).
Step three: the penalties
| What | Amount | Provision |
|---|---|---|
| Infringement fee, failing to comply with a notice to fix about a pool barrier | $500 | Building (Infringement Offences, Fees, and Forms) Regulations 2007, Sch 1 |
| On conviction, individual | up to $20,000 | Building Act s 168(1AB)(a) |
| On conviction, body corporate | up to $60,000 | Building Act s 168(1AB)(b) |
| Supplying a pool product without the approved notice | $500 | s 162E, infringement fee |
If you have read that the fine is $5,000, that figure is out of date: it came from the repealed Fencing of Swimming Pools Act 1987 regime and is still quoted on some consumer pages.
What to do first
- Make it safe now. Empty a portable pool, lock a gate open-latching gate, or stop using the pool until the gap is closed.
- Get the inspector's list in writing and check each item against the clause it comes from. Run the checker.
- If the pool predates 2017, check whether s 450B saves your barrier before you replace it. Pre-2017 pool fences.
- Book the re-check, or use an independently qualified pool inspector: a council may accept their certificate of periodic inspection instead of doing the inspection itself (s 162D(2)).
Questions
What is the fine for a non-compliant pool fence in NZ?
Failing to comply with a notice to fix about a means of restricting access to a residential pool is an infringement offence with a $500 fee, and on conviction carries a fine of up to $20,000 for an individual or $60,000 for a body corporate (Building Act s 168(1AA)–(1AB)).
How long do I have to fix it?
Auckland Council automatically re-books a re-check in 21 days, and 48 hours where the site is considered particularly dangerous. A notice to fix must state a reasonable timeframe.
Can I use a private inspector instead of the council?
A territorial authority may accept a certificate of periodic inspection from an independently qualified pool inspector in place of its own inspection (s 162D(2)). MBIE keeps the register of inspectors.
Who is liable — me or my tenant?
Section 162C(4) names the pool owner, the pool operator, the owner of the land, the occupier, a hire-purchase buyer and, in some cases, a lessee. Auckland Council states that homeowners, tenants, landlords and property managers carry joint responsibility.
Sources
- Building Act 2004, subpart 7A (ss 162A–162E), s 168, s 450B and Schedule 1 (legislation.govt.nz)
- Building (Infringement Offences, Fees, and Forms) Regulations 2007, Schedule 1 (legislation.govt.nz)
- Auckland Council, regular safety checks of your pool fence and barrier (fees 2026/27)
- Tauranga City Council, building service fees 2026/27
- MBIE register of independently qualified pool inspectors
Published 16 September 2026, last updated 16 September 2026 by NZ Swimming Pools. Every figure and rule on this page is quoted from a source we read in full on the checked date. See our editorial policy.