Dannevirke resident cries foul over swimming pool order

Tararua District Council had to apologise and make compensation, the Chief Ombudsman found. Photo / Paul Taylor

A property owner who cried foul in a stoush with Tararua District Council because of a pool has taken his case to the Chief Ombudsman.

Ricky Mitrov purchased a house with a swimming pool in January last year, hoping to be able to have the pool for family members.

Shortly after moving in, he was told by the council that the fence around the swimming pool was non-compliant. Mitrov said he would have to pay thousands of dollars to rectify the issue.

He said he was not aware there had been any issue with the fence, however, he had not had a LIM report done before the purchase.

He says he has since learned the previous owner had been told there was an issue with compliance before selling, but did not address it. Mitrov felt it was unreasonable for the council to then expect him to front up the cost.

Mitrov, who came to New Zealand 20 years ago, said he felt he’d been treated like a “second-class citizen” by the council, because it had not enforced compliance on the previous owner.

He has since filled in the pool, and put the house back on the market in September last year.

A complaint was taken to the Chief Ombudsman who investigated the claim and found the council had “acted unreasonably and appears to have acted contrary to law”.

The council was given a month to apologise to Mitrov and make a compensation offer.

Several recommendations were also made to the council including reviewing its approach to managing its responsibilities in regard to swimming pools, taking steps to ensure staff are complying with obligations under the Public Records Act 2005, and amend its website to clarify the various compliance pathways for restricting access to a swimming pool.

Council chief executive Bryan Nicholson said it was taking the ombudsman’s opinion and recommendations seriously and was committed to a thorough review of the letter to ensure they address any concerns appropriately.

“However, we are not yet in a position to provide a formal response to the ruling. It’s important to note that we’ve already implemented a number of the recommendations prior to the ombudsman’s involvement.

“Furthermore, earlier this year, these functions underwent an audit by MBIE, which confirmed their satisfaction with the council’s processes concerning swimming pool inspections.”

Nicholson said he wanted to emphasise the council was committed to treating all residents with fairness and respect, including Mitrov.

“Council is responsible for regulating swimming pool fencing to ensure the safety of our children and prevent accidental drownings, and we take that function very seriously.

“We will respond formally to the ombudsman within the specified timeframes to ensure a comprehensive and considered response.”