trellisHas any one else noticed  that Auckland council just makes up the law?

Auckland city and now Auckland council are of the belief that they can inspect swimming pools when ever they like and   charge for it.

The law with regards to swimming pools and fences   is  found here

the obligation  for the council comes from  section 10

10 Obligation of territorial authorities
  • Every territorial authority shall take all reasonable steps to ensure that this Act is complied with within its district.

You won’t  find any section which states   that  they will come round every three years, Basically section 11 provides for the fact that   if the council reasonably believes that the pool  no longer complies then they have a right to  an  inspection.


I have never refused to allow an inspection   on the grounds that   the pool no  longer complies.

I have had pool inspectors turn up at my house unannounced , when I ask them  why my pool does not  comply they cannot tell me, all they say is that it is due for inspection.  THERE IS NO SUCH PROVISION IN STATUTE AND I WILL NOT ALLOW COUNCIL TO  MAKE UP THE LAW.

They pull out  a warrant card and tell me that they have a warrant.. well sorry wrong kind of warrant  the only  warrant which applies  for a forced   entry to inspect is one issued through the court. If you cant tell me  why you want to inspet  the  pool  what are you going to tell the court ?

A record of my correspondence with council can be seen here

  1. Swimming Pool Compliance and Inspection 17 may 2010
  2. OIA LGOIMA request where do councils get the po..19 may 2010.
  3. Council abuse of powers and lack of accountabi. 8 june
  4. correspondence to council 20 june
  5.  harassment by council 20 june pm
  6. harassment by council 22 july 2012

I cannot recall ever receiving a response on these issues  and thought  it had dies a natural death until I  received a letter from debt collectors for  $250  for  Auckland council .

When I took time to find out what it was for  it transpired  to be for the pool inspections which I was  never  aware of.

I have  very publicly   displayed the issue here

Mr  Jan Bernard 19 april from Jan Bernard claims that the notice that was  sent to me on the 6th June  was not responded to  .. well I am not sure what I did in this email but I  was as sure as eggs   responding..   via his boss. Council abuse of powers and lack of accountabi. 8 june, perhaps there is an issue of communication within council    or perhaps my emails were blocked again.

When the officer came on the 20 th June  he  actually came faster  than the post,  council could have saved  some postage   by  getting him to hand deliver the document he relied upon for entry… I never got it till later  that day. .. again I corresponded with council

correspondence to council 20 june

harassment by council 20 june pm

So they inspected the pool  area from the outside, two days later .. why could the officer not have done that on the 20th?   when they came back  despite my further  correspondence and ignoring it  they found my neighbors offending trellis  , I was totally unaware of this  until they came to re inspect  on the 20 th July –  why couldn’t  they have dropped the notice in my letter box  they walked right by it.

So the  first time I hear about  any of this is on the  22nd July , What was also incredible  was that   they  managed to time this so well with the liquidation of my company which was being  carried out  by their  former employee through false affidavits

This was the very first occasion I was aware of this inspection , I  immediately took the issue up with the neighbours and they removed the trellis. And was it also  coincidental that the  pool inspector   wore a Waitakere  uniform.? Waitakere is where the corruption I  uncovered occured…  am I being  got  at  I  am a whistle-blower  and council is beating me up  nothing short of bully boy tactics. I honestly wonder is Wendy Brandon  is coordinating this Where is she on  giving legal advice to council.. No legal process has been followed AT ALL !

I thought that that was the end of it,  I never saw  an invoice    until I get   a debt recovery letter.

I think that if the council can  go to these lengths with me  then they can also look at dealing with my LGOIMA requests which have been unanswered  and the   7 years I have lost   because I stumbled on corruption. CORRUPTION WHICH THE COUNCIL I S ACTIVELY CONCEALING FROM THE  PUBLIC.. THE REASON OUR RATES ARE SO HIGH!.

Council certainly is not acting in a  adult manner.

I have had my emails blocked, I have been harassed  all because  I  Identified corruption in council and council prefers to keep this under wrap.

I again make this a LGOIMA request    and ask that council deals with the  LGOIMA requests in my    emails  as listed above 1-6. and an explanation as to  why  an invoice was never sent and why this matter went straight to debt recovery without  advising me that there was even an invoice.

We also request  and explanation as to your rights to release personal information from council records to  the debt recovery company.



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