Legal challenge to transport plan dropped after agency error

Wednesday, 14 April 2021

Widening State Highway 60 on Rocks Rd is one of the options being investigated in the Nelson Future Access Study.

A legal challenge to Nelson's key transport project has been dropped after a Government agency provided incorrect information.

Transport advocacy group Movement lodged a judicial review last December against Waka Kotahi New Zealand Transport Agency (NZTA) over its project that will shape Nelson's future transport system.

The group said at the time it was a test case of the agency 'failing to adapt to the climate emergency”.

NZTA's Nelson Future Access Study has identified three potential long-term options – priority lanes for the city's key routes along State Highway 60 (Rocks Rd) and Waimea Rd; widening the coastal Rocks Rd highway or building a new inland route (formerly known as the Southern Link).

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Priority lanes for Waimea Rd, one of Nelson's main routes, is one of the options being investigated in the NZTA study.

Movement argued the road building options were out of line with Government's land transport policy statement which prioritises a reduction in greenhouse gases from fuel driven vehicles and a shift from private transport to public transport, cycling and walking.

The group relied on agency information, confirmed in letters to its lawyer, that the money to investigate the Nelson project came from the national land transport fund. That fund requires the agency to give effect to the Government policy statement.

However, in a subsequent letter a senior agency manager said that was an error, and the Nelson study had been funded through a separate stream, the Accelerated Regional State Highway programme. That is not tied to the policy priorities.

Movement spokesman Bevan Woodward said the incorrect information affected the basis of its case, and the court challenge had been withdrawn.

'This experience undermines trust and public confidence in NZTA's advice,” Woodward said.

He said the agency had agreed to pay the group's court costs.

NZTA director regional relationships Emma Speight said the agency had incorrectly indicated to Movement that funding for the Nelson project business case had come from the land transport fund.

She said the agency agreed to pay $7700 to Movement as a portion of its costs.

On the wider issue, she said Waka Kotahi was confident that its investment decisions gave effect to the Government's priorities for land transport set out in the policy statement.

Woodward said the group would reserve the option of relaunching its judicial review when the agency sought funding to construct the Nelson project if it did not meet the Government policy objectives.

NZTA is due to be complete its detailed business case for the Nelson Future Access Study by September year.