Private Northland island’s pool must be fenced despite island’s remoteness

Promotion of Motukawaiti Island's luxury facilities in 2017 show the unfenced swimming pool right next to the beach.

The owners of a private Northland island are being forced to fence their swimming pool despite its remoteness, in a decision supported by drowning prevention advocates.

The swimming pool in question is on Motukawaiti Island, also known as Step Island, the only privately owned island in the Cavalli Islands group near Matauri Bay.

With a complex history of ownership, the 38ha luxury island was most recently bought in 2022 by a family known only by their company name, Trustee Services Ltd.

Its $22 million price tag was discounted to $10.6m after the luxury home, caretaker’s cottage and spa facilities were trashed by squatters.

But while the new owners worked to rebuild the property, Far North District Council demanded they fence the swimming pool to prevent drownings.

The pool was thought to have been built between 2003 and 2007 but had no building consent, nor was it registered with the council as required.

The council found out about the pool in 2020 and a site visit in November 2020 confirmed the lack of fencing.

Between November 2020 and July 2024, the council issued five Notices to Fix for the fencing, said Kevin Johnson, council group manager for delivery and operations. A Notice to Fix is a legal document requiring work to be done.

The owners applied to the Ministry of Business, Innovation and Employment for an exemption to the rules, arguing the barrier was “impractical at this unique location”.

They argued the pool is on a remote, offshore island with no unannounced visitors; there are durability issues for fencing as the pool gets washed by seawater; the pool is a holding tank for fire protection and a fence could inhibit this; and that the sea right next to the pool creates a greater risk for children.

The owners said they and their teenage children had only visited the island once in two years, and 99.9% of the time the island is occupied only by the caretaker and their partner.

But in a decision just released by the ministry, principal adviser for determinations Andrew Eames found the law is clear that every residential pool must have barriers to stop access by unsupervised children under 5.

The facilities on Motukawaiti Island include a luxury house, historic cottage, pavilion, spa, wine cellar and decks with a pool. Photo / David Fisher

While he acknowledged the location of the pool on an offshore private island close to the sea is “somewhat unique”, he said the lack of fencing would “significantly increase the risk of injury or death”.

Eames decided that while the current owners do not have any young children, children were likely to visit at some time during the life of the building.

He also found concerns about durability and the pool being part of a fire protection plan and were not enough to void the fencing requirement.

Kids drown in pools - Water Safety NZ

The decision requiring the fencing has been backed by Water Safety New Zealand, which said 38 children under 5 have drowned in home pools in the last 20 years, including 12 deaths in pools with no fencing at all.

Chief executive Daniel Gerrard said pools remain the most common location for drownings of children under 5.

Motukawaiti had a period of being left to the elements and squatters, including the pool being green and stagnant. Photo / David Fisher

“Strong regulatory interventions that require proven physical safety mechanisms are the only recognised, and irreplaceable, measures that will protect children around water.”

While Gerrard recognised New Zealand has significant water hazards, people are more likely to ease supervision in a home, due to being relaxed in that situation.

This is supported by the data: while 38 children drowned in pools in the last 20 years, 14 drowned in rivers and two drowned at beaches.

Fencing around pools has been enforced in New Zealand since 1987 and has reduced child pool deaths by 79% since the 1980s, Gerrard said.

Compliance with the fencing rules has been shown to be higher in areas where councils proactively and regularly monitor compliance, he explained.

Ngāti Kura fought for island’s ownership

Local hapū Ngāti Kura has long fought for ownership of Motukawaiti, including trying to overturn the original sale in 1912 and more recently filing a claim with the Waitangi Tribunal.

The island’s ownership was also subject to a five-year investigation by the Overseas Investment Office, after ownership was surrendered to Chinese citizen Jun Zhang in 2013 as part of a loan default, despite him not getting government approval to buy the island.

The Overseas Investment Office eventually found there was insufficient evidence to prosecute.

From 2014-22, the island was marketed for sale on and off, starting with a price tag of $30m. The price was later dropped to $22m and eventually reduced to $10.6m after squatters ruined the property while the owner was overseas.

When Trustee Services bought the island in 2022, the family said they would work with Ngāti Kura for advice on planting and protecting the surrounding marine environment.

Denise Piper is a news reporter for the Northern Advocate, focusing on health and business. She has more than 20 years in journalism and is passionate about covering stories that make a difference.