Now, the Government wants to repeal the Swimming Pool Fencing Act of 1987, a comprehensive act that has saved the lives of at least 21 children since its introduction.
At the first reading of the amendment in Parliament in September, Minister for Small Business Craig Foss said the act had successfully reduced deaths from 10 each year to three but it was "cumbersome for pool owners and councils".
The amendment - put forward by Minister for Building and Housing Nick Smith - is aimed at "reducing the compliance burden imposed on pool owners and territorial authorities in relation to residential pools while maintaining child safety".
It wants to save $17 million over 10 years by moving towards more consistent compliance inspections of pool fences. That includes mandatory five-yearly checks; with a statement from Smith saying that at present "currently some councils require three-yearly inspections and others not at all."
The proposed legislation would also remove the requirement to fence spas or hot tubs with a working lockable cover sufficient protection under the amendment.
Water Safety New Zealand and SafeKids Aotearoa are furious and state the changes will cost lives.
Rupert's parents Dianne Northcott and Gavin Frost agree.
"Some people don't like the look of a fence but I can tell you there is nothing less aesthetically pleasing than your child lying face down in a pool," Northcott said.
"Why change something that is working, that is known to be saving lives?"
The family think of Rupert every day and know exactly what their son would look like because he has an identical twin.
Rupert, left, and Theodore Frost in 1997. Photo / Supplied
Twin Theodore will make a submission before Thursday's cut-off. "People are endangering their kids' lives for the sake of not having a proper fence," Theodore said.
Theodore still has a teddy bear named Rupert given to him just after his brother's death.
"I wonder what it would have been like to have a twin brother - we would have got up to shenanigans, I think," he said.
Ann Weaver from Safekids feared there would be more deaths like Rupert's if the act is repealed.
"The act is very specific and it works," Weaver said. "The changes make it unclear what is required so it will be left to interpretation by pool owners and councils."
Matt Claridge from Water Safety NZ added the bill was "ambiguous, vague and poor".
Current rules under Fencing of Swimming Pools Act 1987
• 1.2m fence on four sides
• Self-latching gate
• Spas and hot pools require fencing
• Three-yearly inspections
• Has reduced deaths from 10 each year to three.
Proposed: Part of the Building Act
• Barriers will be "performance based"
• Five-yearly inspections
• No fencing required for spas and hot pools
To make a submission go to: parliament.nz/en-nz/pb/sc/make-submission
