The Waikato District Council has lost its High Court case to remove the current Waingaro Hot Springs operator after years of required site repairs were not done. Instead the High Court has given Singhs 90 days to get the repairs done. The Waingaro Pools will remain closed while the work is done.
While finding the Singh’s guilty of multiple breaches which he regarded as “serious” and affected the “safe operation of the facility which was clearly a matter of significance to the council as lessor … this is a strong factor in favour of cancellation”, Justice Christian Whata let them keep the lease and gave them 90 days to do the work. The Singhs have already completed some remedial work.
The further work required is:
- Unit motel block – replace weatherboards after removal of chimney,
- Reception kiosk – pre-cast concrete floor slabs to be securely connected to structure,
- Spa pools – questions around replacing all four given forecasted low income,
- Spa pools cut batter stabilisation – several walls have inadequate support posts,
- Hydro slide pump room – install drain to stop water run-off seeping into pump room,
- Pool filter enclosure – fill old nail holes to prevent rain water ingress,
- Timber steps – apply anti-slip surface to new timber steps laid at various spots,
- Get their Accident Compensation Corporation Poolsafe Accreditation.
Justice Christian said the way the Waikato District Council approached the problem was “unduly cumbersome” and “unhelpful”. “The conduct of the council has not been exemplary…the council took blunderbuss approach to the non-compliances and some of the items were not essential. Council should have been more active over time to bring their concerns to the Singh’s attention.”
The judge was also bemused with the Singh’s argument for not getting its Pool Safe accreditation renewed after losing it in 2012. The Singh’s argued the council didn’t tell them to get it “in writing”, despite a Coroner’s earlier recommendation that it be obtained.
“In reality, the Singhs must have known that Pool Safe accreditation was required by the council.”
Waikato District Council chief executive, Gavin Ion said the Council was focussed on the “health and safety of our community as we’re responsible for ensuring any facilities operating in our district, either private entities or council-owned, are maintained to a high standard and meet the necessary health and safety requirements. Council was concerned about compliance with the lease in respect of the state of the Waingaro Springs structures and in particular public health and safety issues. ” He added “The Council looked forward to the works being completed in time so that the public could use them and be confident that it was safe.”