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11/Dec/2025
New Zealand has one of the strictest pool safety standards in the world, and one of the most important rules is also one of the least understood by homeowners. The New Zealand Building Code requires that any pool capable of holding water to a depth of 40 centimetres (40cm) or more must be enclosed by a compliant pool barrier or pool fence. This requirement exists for one clear purpose: preventing children under five from gaining unsupervised access to water.
However, thousands of homeowners are unaware of this requirement, particularly when it comes to inflatable summer pools, temporary backyard pools, framed pools or portable spa pools. Every summer, water-related hospital admissions and tragic drowning accidents are reported across New Zealand, and many of these cases involve shallow water, small pools and backyard settings. That is why the 40cm rule matters. It applies even when the pool is temporary, seasonal, located in a private backyard, or intended only for children’s use.
Many people mistakenly assume that drowning can only happen in deep water. The reality is very different. Toddlers can drown silently in extremely shallow water, especially if they fall in head-first and are unable to climb out. A pool with only 40cm of water creates a drowning hazard for young children, and that risk increases dramatically when a parent or caregiver is distracted even for a short moment.
Research and coronial investigations in New Zealand repeatedly show that drowning in shallow water often involves young children, unexpected circumstances and extremely short timeframes. Because of this, New Zealand law focuses on risk and access rather than the appearance or purpose of the pool.
Under the Building Act, any residential pool that can hold water at a depth of 400mm (40cm) or more must be surrounded by a compliant pool barrier. It does not matter whether the water level is currently below 40cm – what matters is the potential depth of the pool when filled.
This requirement applies to:
The purpose of this law is simple: if a young child could fall into a body of water deeper than 40cm and struggle to get out, the pool must be fenced.
Yes. This surprises many families in New Zealand, especially during summer. Portable pools, framed pools and inflatable pools are extremely popular, but once they exceed the 40cm depth threshold, they legally become “residential pools” under the Building Act. That means they must be enclosed by a compliant pool fence unless they are immediately drained after each use.
Many families buy a large “temporary pool” from a DIY store, fill it to a comfortable level, and assume that because it is only used for summer, fencing rules do not apply. Unfortunately, this assumption is incorrect and creates compliance risk and child safety risk. The law applies to potential depth, not how long the pool will be installed.
If a spa pool or hot tub can hold more than 40cm of water, a barrier is required unless it has a compliant locking lid that prevents access when the spa is not in use. A secure lid is acceptable only when it meets all safety requirements, including being lockable, non-climbable and always kept closed and locked when not being used.
If your spa pool does not meet these criteria, then it must be fenced like a standard pool.
Most non-compliance issues occur because homeowners simply do not realise that the rule applies to temporary pools, seasonal setups or children’s play pools in backyards. Others believe that high above-ground pools do not need fences because the walls appear high. But if a ladder, deck, planter box or furniture allows a child to climb up and fall in, the law treats the pool as requiring a compliant barrier.
In addition, many portable pools marketed online as “summer toys” are actually large enough to exceed 40cm depth when filled. These pools are often inexpensive to purchase, but create major safety obligations as soon as water exceeds the depth threshold.
The safest and most practical solution is to treat all backyard water deeper than 40cm as a serious drowning hazard and plan for compliance before use.
Many homeowners are surprised to learn that a compliant pool barrier is more than a basic fence. The New Zealand Building Code sets out specific technical requirements designed to prevent young children from climbing over, crawling beneath or opening the barrier without supervision. These requirements apply equally to permanent pools, above-ground pools and temporary pools that exceed the 40cm depth threshold.
To be compliant, a barrier must meet a number of performance criteria, including minimum height, safe gate design, non-climbable surfaces and secure fixing points. The barrier must form a continuous enclosure around the pool area so that children cannot gain access from any direction. When correctly installed and maintained, a pool barrier dramatically reduces drowning risk and satisfies council inspection requirements.
All residential pool barriers in New Zealand must be at least 1.2 metres high from finished ground level. In some situations, sloping ground, landscaping or retaining walls may change the effective height, so it is important to verify this measurement from the highest ground level within reach of the barrier.
Glass pool fencing systems are designed to exceed this requirement by using 1200mm or higher toughened safety glass panels. This ensures compliance without relying on additional railing structures, meaning homeowners achieve a clean, frameless appearance while still meeting their legal obligations.
Pool gates must open away from the pool area, must self-close and must self-latch from any position. A common inspection failure occurs when gates only latch when closed gently, or when hinges become worn and no longer close fully over time.
A compliant gate system must incorporate self-closing hinges and a reliable latch that cannot easily be reached or operated by young children. Latches must be positioned at least 1.5 metres above ground or otherwise located so they are inaccessible to children. This is why dedicated glass gate systems are essential: they are specifically engineered for pool applications rather than adapted from generic door hardware.
The underside, front and rear of the pool barrier must be free of footholds that enable climbing. This includes horizontal rails, fence ornaments, or protruding elements that a child could step on. Vertical surfaces such as frameless glass naturally discourage climbing because they present smooth, continuous barriers without ledges.
It is also the homeowner’s responsibility to ensure that movable objects such as boxes, outdoor furniture, garden pots, toys or ladders are not placed in positions where they could be used to climb over the barrier. Council inspectors frequently identify this as a preventable hazard in backyards.
The gap between the bottom of the pool barrier and finished ground level must be small enough to prevent children from crawling underneath. Uneven ground, loose soil or shifting timber decking can increase these gaps over time. Regular inspection is essential to ensure barriers remain compliant throughout their lifespan, especially after landscaping work or prolonged weather exposure.
Despite good intentions, many backyard pool setups fail council inspection due to easily avoidable issues. These include:
Parents sometimes wedge pool gates open during social events or maintenance activities. This not only breaches compliance but completely defeats the purpose of the barrier. Temporary disabling of the gate creates the same level of risk as having no fence at all.
Frameless and semi-frameless glass pool fencing offers several advantages over timber or aluminium systems when it comes to compliance. Because the panels are tall, smooth and mounted vertically without footholds, glass significantly reduces opportunities for children to climb. Glass is also inherently durable, resistant to corrosion and extremely hard to break under normal conditions when correctly installed using toughened safety glass.
Channel systems and mini-post systems not only provide visual elegance but also offer structural stability that meets New Zealand environmental conditions. Unlike timber fences that may warp, rot or provide footholds, glass delivers long-term compliance with minimal maintenance requirements.
If you currently own a pool, spa pool or large portable pool capable of holding more than 40cm of water, a quick inspection can help identify obvious compliance issues. This checklist does not replace council advice or professional installation guidelines, but it will help you decide whether your property may require upgrades.
Even one “no” answer should prompt further action. The requirement to fence pools deeper than 40cm has been repeatedly emphasised by councils and Building Performance NZ because accidental access by young children happens silently, quickly and without warning.
Some families temporarily block access to pools by using outdoor furniture, garden gates, trellis panels or improvised barriers. Unfortunately, these temporary fixes do not meet building standards and do not prevent climbing or access by young children. Councils treat improvised barriers the same as having no barrier at all, which can result in a notice to fix or enforcement.
For this reason, modern pool gate systems and glass pool fencing solutions are strongly recommended. They provide consistent acoustic and physical closure, while also meeting the required latch height, self-closing operation and climb-resistant design features required for compliance.
For many households, temporary above-ground pools and inflatable summer pools are convenient and inexpensive. But once they exceed 40cm depth, they require proper fencing. A safer alternative is to use shallow paddling pools that remain well below the 40cm threshold and are drained immediately after use.
If you intend to keep a portable pool filled for extended periods, it must be fenced. If fencing is not practical, it is safer and more compliant to avoid deep temporary pools completely. A better long-term solution is to install a permanent pool barrier that allows safe use all summer without compromise.
New Zealand councils and water safety organisations repeatedly remind homeowners that backyard pool safety is a seasonal responsibility. During warmer months, portable pool sales increase, outdoor entertaining becomes frequent and young children spend more time outdoors. These seasonal patterns lead to higher risk, which is why the 40cm rule receives renewed attention each summer.
Homeowners should take action before summer by reviewing barriers, checking hinges, confirming latch operation, clearing climbable objects and upgrading gates if necessary. Waiting until peak season increases both safety risk and the chance of enforcement.
For many homeowners, upgrading to durable frameless glass is not only a compliance decision but also a long-term investment. A compliant glass barrier provides:
Because New Zealand weather conditions vary dramatically across coastal and inland regions, a system-level approach that includes glass, spigots, hinges and latches is essential. Professional glass gate systems ensure reliable closure and safer operation over time.
If you are uncertain whether your pool meets the 40cm rule, or if you are considering installing a new pool or upgrading an existing barrier, contacting a specialist supplier is the safest step. A knowledgeable supplier can advise on suitable systems, compliance requirements, installation methods and gate hardware options suited for New Zealand environments.
Grand Glass & Hardware supplies complete pool fencing systems, including toughened glass panels, channel systems, mini posts, glass gate hardware and pool-grade finishes. Our solutions support compliance by pairing modern design with functional engineering and long-term durability.
New Zealand’s 40cm rule is straightforward in purpose: preventing unsupervised child access to water. It applies to permanent pools, portable pools and spa pools because risk does not depend on price or permanence — only depth and accessibility.
If your pool or spa can hold 40cm of water, it requires a compliant barrier. If your gate does not self-close, it must be upgraded. If your spa does not have a locking lid, fencing is required. These rules are not optional, and the consequences of ignoring them can be devastating.
Now is the best time to review your pool area, make necessary changes and ensure that your outdoor space meets the building code before summer. If you would like advice or a quote, you can get in touch for support and system recommendations tailored to your project and location.
