Category: appeal

Saturday 2 May: A Victorian Dinner to raise funds for the Basin appeal

Posted on by stb_nyltr0

Mt Victoria Historical Society (MVHS), a party to the Board of Inquiry and the High Court Appeal, is organising a fabulous evening of food, entertainment and conviviality to raise funds for Save the Basin Campaign’s response to NZTA’s Appeal against the Board’s decision to decline resource consent for the Basin Reserve flyover.

You are welcome to organise a group of 10 friends to make up a table.  And if you’d like to come on your own, or can’t fill a table for 10, MVHS will make sure you’re seated with congenial company.

What: Mt Victoria Historical Society Victorian Dinner Fundraiser

When: Saturday 2 May, 7pm

Where: Long Room, Basin Reserve

How much: $95 per ticket

How to book/for more info: Phone Sue on 04 384 8208, email whathouse@xtra.co.nz or see http://mtvictoria.history.org.nz/event/victorian-dinner/

mvhs_gaiety

MVHS will keep you posted with details such as highlights for the silent auction and entertainment.

Four Months To Stop A Basin Reserve Flyover: NZ Transport Agency’s High Court Appeal Set Down For Monday 20 July

Posted on by stb_nyltr0

Here’s what you need to know:

Short version:

We have four months to raise $50,000 to fight the Transport Agency in the High Court for the future of the Basin Reserve. Donate here: http://savethebasin.org.nz/donate/

Longer version:

  • The New Zealand Transport Agency’s appeal to the High Court of the Board of Inquiry decision to decline resource consent for a Basin Reserve flyover has been set down for Monday 20 July.
  • The hearing is expected to last two weeks.
  • NZTA will be claiming that the Board decision was wrong on various points of law. The Board itself will not be represented at the hearing. That means it’s up to groups like us to defend the Board’s decision.
  • Save the Basin Campaign Inc and Mt Victoria Residents Association have jointly taken on Matthew Palmer QC to act for them at the hearing.
  • We need to raise $50,000 to pay for this legal representation. We have raised a good chunk of this. We have four months to raise the rest.
  • Many of our supporters have already contributed generously, and that’s much appreciated. We’re happy to accept donations via http://savethebasin.org.nz/donate/ but we also need your help with the names of new people to approach.
  • Got a friend who’s opposed to a Basin Reserve flyover and wants to stop it going ahead? Let us know their name and contact details by emailing stoptheflyover@gmail.com, and we’ll approach them.
  • NZTA are using taxpayers’ money – your money – to continue to push for their unwanted, unnecessary, ugly and expensive flyover. By putting our heads and our funds together, we can and will stop them.

Community groups join together to back Board of Inquiry decision on a Basin Reserve flyover

Posted on by stb_nyltr0

Local groups that believe the decision by the Board of Inquiry into the Basin Bridge project should stand, are energetically raising funds to defend the decision against the New Zealand Transport Agency’s appeal to the High Court.

At the same time, they are taking the lead by organising an event to discuss what could happen next at the Basin Reserve in the context of Wellington’s development as an attractive, liveable and modern city.

The event, entitled “No Bridge at the Basin – What Now?”, is being organised by the Save the Basin Campaign Inc. and the Mt Victoria Residents’ Association, in partnership with the recently-formed group FIT Wellington (Fair, Intelligent Transport Wellington). It features a panel chaired by Mary Varnham and including Julie Anne Genter, Russell Tregonning, Sarah Poff and Michael Kelly.

Save the Basin Campaign spokesperson Tim Jones said, “Despite the fact that the Basin Bridge Board of Inquiry made the reasons why a flyover at the Basin Reserve should not be built very clear in its report, the New Zealand Transport Agency and local authorities have failed to take its findings on board. ”

The New Zealand Transport Agency’s appeal against the Board of Inquiry’s decision to decline resource consent for a Basin Reserve flyover is set to be heard in the High Court starting on 20 July 2015, and the Save the Basin Campaign and the Mt Victoria Residents’ Association will be jointly represented at the hearing by Matthew Palmer QC.

“This event gives Wellington residents who support the Board’s decision an opportunity to talk about what they want for the Basin and for Wellington’s transport system”, Tim Jones said, “as well as contributing towards the costs of our legal representation at NZTA’s appeal.”

The Pizza & Panel evening is being held on Thursday 12 March from 6-8pm at New Crossways, 6 Roxburgh St, Mt Victoria. Admission (including the cost of pizza) is $20 full/$10 concession.

Basin Reserve Flyover Decision Has Positive Consequences In Auckland

Posted on by stb_nyltr0

The Basin Reserve Flyover may be primarily a Wellington issue, but the Board of Inquiry’s decision to decline resource consent for a Basin Reserve flyover has led to flyover plans being delayed, and public transport improvements brought forward, in Auckland.

An Auckland Transport article, Southeastern Busway To Open Sooner, explains [added emphasis is mine]:

Major new public transport improvements will arrive earlier for people in Auckland’s south east.

Auckland Transport is aiming to open the full Southeastern Busway to Botany sooner than the 2028 completion date earlier proposed, and AT is investigating extending bus lanes to Highland Park.

SE Busway Botany

Recent work on the Auckland Manukau Transport Initiative (AMETI) has identified that the busway can operate through Pakuranga town centre without the need to build Reeves Road flyover first.

and goes on to quote AMETI programme director Peter King as saying:

“The recent decision on the Basin Reserve flyover in Wellington shows the challenges of consenting a flyover that has impacts on an urban area and the potential for long delays. This decision allows us to extend the AMETI transport improvements made in Panmure to Pakuranga and Botany as soon as possible while continuing to build the case for the flyover.”

Three thoughts:

  1. It appears that Auckland transport decision-makers are taking steps towards a more modern and sustainable approach towards transport thinking. When will NZTA’s Wellington transport decision-makers start to do likewise?
  2. It’s great to see that all the work that Save the Basin and other groups have put in opposing a Basin Reserve flyover is having positive consequences elsewhere.
  3. If any Aucklanders want to show their gratitude by donating to help us fund our response to NZTA’s High Court appeal of its Basin Reserve flyover defeat, that would be much appreciated!

 

 

No Date Yet Set For NZTA’s Basin Flyover Appeal In High Court

Posted on by stb_nyltr0

A date has not yet been set for the New Zealand Transport Agency’s appeal against the Board of Inquiry decision to decline resource consent for a Basin Reserve flyover.

Rather than accepting the Board’s 500-page decision, the New Zealand Transport Agency (NZTA) chose to appeal it to the High Court. The NZTA has now finalised its grounds of appeal, but given the complexity of those grounds, the hearing is likely to be lengthy, meaning that it cannot be scheduled in the near future.

We currently expect that the appeal will be heard in the second half of 2015, but this is yet to be confirmed.

Save the Basin Campaign Inc will be represented at the appeal hearing by Matthew Palmer QC. We are currently raising funds towards the cost of this, and your regular and one-off donations are much appreciated:

Donate to Save the Basin’s legal costs

Best wishes to all our friends and supporters for a happy and safe holidays and an excellent – and successful – 2015!

Matthew Palmer QC Will Represent Save The Basin At NZTA’s High Court Appeal

Posted on by stb_nyltr0

As reported by Wellington Scoop, the Save the Basin Campaign Inc will be represented by Matthew Palmer QC at the High Court, which will be hearing the New Zealand Transport Agency’s appeal against the Basin Bridge Board of Inquiry’s decision to decline resource consent for a Basin Reserve flyover.

We feel very fortunate to have secured the services of such a distinguished and experienced lawyer, with considerable experience of appeal court hearings, to represent us.

We are now fundraising to meet the costs of this appeal. You can donate via online banking or by mail – we encourage you to consider making a regular payment via online banking.

You can also donate online via Givealittle.

Basin Reserve rainbow. Photo: Patrick Morgan.
Basin Reserve rainbow. Photo: Patrick Morgan.

What Happens Next?

We don’t yet know the date of the High Court appeal, but it has now been confirmed that a case management conference – an organisational meeting that sets the stage for the hearing of the case itself – will be held on Monday 10 November 2014. We have heard that NZTA expects a decision in the case by mid-2015.

Unlike the Board of Inquiry, which was primarily focused on matters of fact, the High Court appeal will be primarily focused on matters of law. The NZTA has challenged a large number of aspects of the Board’s decision on legal grounds – we anticipate that some and possibly many of these grounds of appeal may be abandoned by NZTA before the case goes to trial. The appeal will be heard by Justice MacKenzie.

After the hearing, Justice MacKenzie will consider his decision, a process which could take several more months. He could, as far as I’m aware:

  • decline NZTA’s appeal
  • uphold it in whole or part and make an immediate determination on the issues
  • send the BOI decision back to the reconvened Board of Inquiry, with instructions to reconsider the decision taking into account the High Court judgement on some or all the legal matters raised by NZTA. The Board would not hear new submitter evidence.

We plan to be there, opposing NZTA every step of the way through the legal process at the same time as we advocate for better alternatives through the political process. We won in the Board of Inquiry, and with your help, we plan to keep winning.

The Basin Flyover Board of Inquiry Decision Was Clear. Why Are Councils and NZTA Ignoring It?

Posted on by stb_nyltr0

One of the most interesting (and I wish I could say surprising) things about reaction to the Board of Inquiry decision to decline resource consent for a Basin Reserve flyover is how reluctant the New Zealand Transport Agency, many local councils, and flyover cheerleaders in the business community have been to examine what the Board actually said.

Such organisations appear to regard the Board decision as a toxic document that can be handled only with tongs. The idea of paying serious attention to the Board’s conclusions appears not to have occurred to them.

So I was very struck by the following letter, which Kate Zwartz wrote in response to a report in the Petone Herald of Poririua Mayor Nick Leggett and Kapiti Mayor Ross Church applauding NZTA’s plan to appeal the Board’s decision, and asked her for permission to republish it. Over to you, Kate:

How extraordinary that mayors and council executives can applaud the decision of New Zealand Transport Agency, a government body, to throw more public money after bad.

The decision of the Board of Inquiry, which heard months of detailed evidence from both sides, was crystal clear.  Here are a few direct quotes from the Board’s Final Report and Decision, August 2014:

“… the quantum of transportation benefits is substantially less than originally claimed by the Transport Agency.”  [1317]

“… we do not consider the Project can be credited with being a long term solution.”   [504]

“… we have found that there would be significant adverse effects.”  [1182]

“… it is our view that it is impracticable to avoid this structure dominating this sensitive environment.”  [985]

Why is NZTA reluctant to accept this decision?  Let’s get on with designing proper, fit-for-purpose solutions and drop the failed flyover.

Save the Basin Campaign to respond to NZTA’s Basin Reserve flyover appeal

Posted on by stb_nyltr0

The Save the Basin Campaign has announced that it will be contesting the New Zealand Transport Agency’s appeal against the Board of Inquiry decision to decline resource consent for a Basin Reserve flyover.

“Along with a number of other community groups, we have indicated our intention to be heard as an interested party in this appeal when it is heard in the High Court”, says spokesperson Joanna Newman.  “That doesn’t mean we’re not extremely disappointed and frustrated.  NZTA appears to have no interest in accepting a decision reached by a robust and democratic process established by this government to make good decisions on such projects.  They seem to be perfectly happy to throw more taxpayer money down the drain in pursuit of their flyover obsession.”

The opposing community groups aim to work together, but taking such action has not been considered lightly, because of the costs involved.  “We haven’t come so far only to sit back and allow NZTA to appeal the decision unopposed.”

Another source of disappointment to Save the Basin Campaign is that NZTA has not even allowed time to evaluate the impact of the recent opening of the Arras Tunnel under Buckle Street on Basin Reserve traffic flows.  “It really does seem fixated on a flyover solution.  The opinion of transport experts who gave evidence at the Board of Inquiry was that, with the introduction of three through lanes in Buckle Street and the removal of the Tory St intersection with Buckle St, the flow of traffic around the Basin Reserve would be greatly improved.”

“Evidence was also provided of opportunities to improve lane markings to optimise the existing roads around the Basin Reserve. NZTA, however, seems reluctant to explore these low cost opportunities, preferring instead to waste more money on legal fees to appeal the Board of Inquiry decision.”