Category: Flyover

Save the Basin Delighted at High Court Decision

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The High Court this afternoon dismissed the New Zealand Transport Agency’s appeal against the 2014 Board of Inquiry decision to decline resource consent for a Basin Reserve flyover.

The High Court decision is available here: http://courtsofnz.govt.nz/front-page/cases/new-zealand-transport-agency-v-architectural-centre-incorporated-and-ors

Naturally, Save the Basin is delighted! Below is our press release from earlier this afternoon – check out all the coverage and reactions to the decision on Wellington Scoop.

Save the Basin Campaign Delighted by High Court Decision

The Save the Basin Campaign today said that it was delighted the High Court had rejected the New Zealand Transport Agency’s appeal of the 2014 Board of Inquiry decision to decline resource consent for a Basin Reserve flyover.

Save the Basin Campaign spokesperson Tim Jones said that the Campaign was confident the Board of Inquiry decision would stand up under the High Court’s scrutiny, and that the Transport Agency had failed to mount a strong case. He also thanked Matthew Palmer QC, who appeared for Save the Basin at the High Court, and Nathan Ross, who assisted.

“Just because the Transport Agency hates to lose to community groups, that doesn’t mean it has the right to have decisions overturned that it doesn’t like,” said Tim Jones. “We hope the Transport Agency and the Government will finally take the message on board that a Basin Reserve flyover would be ugly, unnecessary, outdated and inappropriate, and that Wellington deserves modern, sustainable transport options that are appropriate for a modern capital city.”

“We hope that the NZTA and the Government have seen sense and will not seek to waste yet more taxpayer money on appealing this decision further,” Mr Jones concluded. “However, if they do try to pursue further legal avenues, we’ll be ready for them.”

The NZTA’s High Court Appeal Of The Basin Flyover Decision: Where, When and What

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Here are all the practical details about NZTA’s High Court appeal of the Board of Inquiry decision to decline resource consent for a Basin Reserve flyover. Starts: Monday 20 July Where: High Court, 2 Molesworth St, Court No. 6 (Downstairs). When you enter the building, you will need to go down the lift to find the courtroom and viewing gallery. Ends: The hearing is set down to end on Friday 31 July. However, it may well finish earlier Times: Standard session times are 10am-5pm, with the following breaks: – 11.30-11.45am Morning tea – 1-2.15pm Lunch – 3.30-3.45pm Afternoon tea The judge may decide to vary these times, but will give notice before doing so. There is a cafe in the building. Connectivity: Phones are not allowed on in the courtroom, and unfortunately, there is no free wi-fi in the building. Members of the public: There is public seating in the courts. When you arrive, court officials will give you directions. Please note: there are only around 18 public seats in Court No. 6, so you will need to arrive early, especially on Monday, to ensure you get a seat. Do’s and don’ts Do: Come along when you can. It does make a difference, and you don’t have to stay for a whole day Do: Bring some reading matter for breaks and delays Do: Wear smart casual clothing Do: Rise to your feet when directed, or when the judge rises Don’t: Wear your “Save the Basin” T-shirt – it’s not appropriate for High Court (but we encourage you to wear it everywhere else!) Don’t: Talk, make exasperated faces etc. when in the courtroom Don’t: Have your phone turned on when in the courtroom Don’t: Bring food or drink into the courtroom – but remember, there are plenty of breaks during the day and a cafe nearby You can: Enter and leave the courtroom during sessions, as long as you do so quietly. What to expect – structure of the case How the case proceeds is up to the judge, so what follows is purely indicative, based on experience of similar cases. NZTA will present its case first. This may take up to three days. During this period, interactions will be between NZTA’s lawyer and the judge – don’t expect it to play out like a John Grisham novel, with dramatic cries of “Objection!” Next, the lawyers representing parties opposing NZTA’s case will present their case. At minimum, this will include:

  • Matthew Palmer QC, for Save the Basin Campaign and Mount Victoria Residents’ Association
  • Philip Milne, for The Architectural Centre

Finally, NZTA, as the appellant, will have the right of reply before the case concludes. Media coverage We understand that the Dominion Post, Radio NZ and Newstalk ZB plan to cover the case. Other media may also cover it. There was a preview of the case in the Dominion Post of Saturday 18 July: http://www.stuff.co.nz/motoring/69988680/basin-reserve-flyover-battle-set-to-ignite-again-in-the-high-court When we might get a decision There is no fixed date for the judge’s decision, and we probably won’t get any advance warning of the decision release date. As a very rough rule of thumb, a decision during the final quarter of 2015 would not be unexpected. See you at the High Court – and please get in touch if you have any questions via stoptheflyover@gmail.com.

Help Us Save The New Zealand Transport Agency From Itself

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In less than four weeks’ time, on Monday 20 July, the New Zealand Transport Agency’s appeal against the Board of Inquiry decision to decline resource consent for a Basin Reserve flyover begins.

What’s astonishing is that the Transport Agency’s obsession with building a flyover at the Basin Reserve, no matter the cost to the taxpayer, no matter how outdated, ugly and discredited urban flyovers are, is being conducted in the face of research the Transport Agency itself has carried out. It’s described in this report:

Death of the car: Why Generation Y is turning to public transport

and you can find the study itself here:

Public transport and the next generation (NZTA Research Report 569, June 2015)

Historic New Zealand light vehicle traffic forecasts vs actual growth (Source: MoT)
Historic New Zealand light vehicle traffic forecasts vs actual growth (Source: MoT)

The Transport Agency is supposed to be building transport infrastructure to meet future demand – so why does it continues to build motorways, flyovers and the other expensive nostrums of mid-twentieth-century transport planning, instead of spending money on public transport infrastructure for which there is a large and growing unmet demand?

One reason is that a Generation X Government with strong ties to the trucking industry is still committed to its $12 billion Roads of National Significance boondoggle. Another is that the New Zealand Transport Agency was created out of two bodies: Land Transport New Zealand (the policy part) and Transit New Zealand (the road-building part).

Ever since then, Transit has been the large, well-funded tail wagging the small policy dog. Because what Transit knows how to do is build roads, lots of roads, big expensive roads – and by golly, they’re not about to let some pointy-headed policy wonks and their inconvenient research studies stop them.

It seems that, like an addict who knows he or she should stop but wants just one more hit, the Transport Agency is incapable of saving itself from its roadbuilding addiction. So we’re staging an intervention to save NZTA from itself – and save an iconic part of Wellington from NZTA. Donate to help us bring this tragic flyover addiction to an end.

 

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

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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

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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!

 

 

Basin Flyover Appeal: NZ Transport Agency Refuses To Learn From Past Mistakes

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The Save the Basin Campaign has described the decision by the New Zealand Transport Agency (NZTA) to appeal the Board of Inquiry decision declining consent for its proposed Basin Reserve flyover as an indictment of the Agency’s refusal to learn from its mistakes.

“The Board of Inquiry delivered a comprehensive report giving clear reasons for declining the New Zealand Transport Agency’s poorly conceived and badly put together proposal to build a flyover at the Basin Reserve,” Save the Basin Campaign spokesperson Tim Jones said. “The Board’s decision made it clear that a flyover was not an appropriate structure to build at the Basin Reserve.”

“Instead of accepting this decision, acknowledging the failure of its flyover plans and moving on to develop a better proposal in partnership with the people of Wellington and with community groups, the NZTA has chosen to continue pursuing its flyover plan through the courts,” Mr Jones said. “It seems that the NZTA’s wounded pride is more important to it than developing good transport solutions.”

On Radio New Zealand this week, Transport Minister Gerry Brownlee said in reference to the Basin flyover Board of Inquiry that “good process should not be stalled to save costs”. Clearly, he regards the Board of Inquiry as a good process, but the New Zealand Transport Agency does not. The Save the Basin Campaign thinks that the Minister should have instructed NZTA to stop obsessing over its failed flyover project,  accept the decision and start working on an alternative solution that works for Wellington, rather than wasting more taxpayer dollars on an appeal.

“Wellington is a modern capital city that deserves sustainable, modern transport solutions that take account of a unique urban environment,” Mr Jones said. “It’s time that the NZ Transport Agency recognised that and stopped flogging a dead horse.”

Mr Jones said that Save the Basin would be carefully considering its detailed response to NZTA’s appeal once it had received the appeal documents.

Time to move on from failed flyover plan

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The Save the Basin Campaign is telling local and national politicians it’s “time to move on” from the NZ Transport Agency’s failed plan to build a flyover at the Basin Reserve in central Wellington.

The call comes in the wake of today’s final decision by the basin Bridge Board of Inquiry to decline the NZTA’s resource consent application for its proposed flyover.

Save the Basin Campaign spokesperson Tim Jones says, “The Board’s decision confirms what Save the Basin and many other submitters have said all along. It’s completely inappropriate to build a flyover at the Basin Reserve, and the NZTA, Greater Wellington and Wellington City Council got it wrong when they refused to seriously consider alternative proposals.”

“So now it’s time to move on from the failed flyover plan and come up with a better solution. That doesn’t mean, as some local politicians have suggested, attempting to bundle a flyover proposal up with other transport proposals and trying to sneak it through as part of a package. It does mean developing a solution informed by genuine community engagement and participation – because, as the Board of Inquiry acknowledged, there are genuine non-flyover options that would avoid ruining the environment of the Basin Reserve.”

“New Zealanders’ transport behaviour is changing rapidly. Evidence shows that young urban New Zealanders are increasingly choosing not to drive. This means that old transport assumptions and outdated transport models can’t be trusted when considering future transport needs. So a low-cost interim solution that could later be made permanent is one approach that deserves serious consideration,” Tim Jones concluded.

Save the Basin Campaign Media Release: Greater Wellington and the NZ Transport Agency need to learn from their mistakes

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The Save the Basin Campaign has criticised the paper that Greater Wellington will be considering on Tuesday about the implications of the Basin Bridge Board of Inquiry’s draft decision to decline consent for a Basin Reserve flyover.

The paper calls for the establishment of a joint governance group between the NZ Transport Agency, Greater Wellington and the Wellington City Council to accelerate planning on local transit projects ‘to enable them to facilitate and support a solution to the Basin Reserve’.

It’s a concern that, despite the Board’s decision, the parties believe ‘the Ngauranga to Airport Corridor Plan is still fit for purpose and forms and appropriate basis for developing the transport network of this key corridor’.

Save the Basin Campaign spokesperson Tim Jones said “The NZ Transport Agency, Greater Wellington and Wellington City Council have already had one go at coming up with a so-called ‘solution to the Basin Reserve’. The end result was their proposal for an outdated, ugly, inappropriate and unnecessary flyover. Rightly, the Board of Inquiry rejected this proposal in its draft decision.”

“Rather than looking at the fundamental flaws in their flyover proposal, it appears that Greater Wellington and the NZ Transport Agency may try to bundle a Basin flyover up with some other transport projects in an attempt to make it more palatable,” Tim Jones said. “But however it is packaged, a flyover is still completely inappropriate for the Basin Reserve and the surrounding environment – as the Board of Inquiry found.”

“It’s time for Greater Wellington and the NZ Transport Agency to recognise that they have been barking up the wrong tree,” Tim Jones said. “It’s time for them to pay attention to what flyover opponents argued and the Board has found: that there are non-flyover transport options worth serious consideration.”

“It’s also time for the Wellington City Council to stand up for Wellington, its heritage, and our iconic Basin Reserve,” Tim Jones concluded. “We need a genuine solution based on Wellington’s needs, not a failed ‘solution’ imposed from above.”

Chicken Little versus Reality: Reactions to the Draft Flyover Decision

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As you probably know, the Basin Bridge (i.e. flyover) Board of Inquiry released its draft decision on Tuesday 22 July. In its draft decision, the Board:

Cancelled the Notice of Requirement (NoR) for the construction, operation, and maintenance of State Highway 1 in Wellington City between Paterson Street and Buckle Street/Taranaki Street, and to construct (and where necessary operate and maintain) work that avoids, remedies or mitigates adverse effects.

Declined the resource consent applications.

In other words, they turned down the flyover proposed to them by the New Zealand Transport Agency. Parties (including the applicant and submitters) now have until 19 August to submit comments on any factual errors they find within the draft report, and the Board will release its final decision by Saturday 30 August. Parties then have the opportunity to consider making an appeal on matters of law.

You can download the draft decision from the EPA website (PDF, 6MB)

Media reaction

Not surprisingly, there was a flurry of media reaction when the decision was announced – far too much, in fact, to link all of it here. You can get a good flavour by following the flyover coverage categories in Wellington Scoop and in the Dominion Post. Patrick McCombs’ article Pain, Cost and Embarrassment … Because the Transport Agency Didn’t Listen does a great job of highlighting the many deficiencies of NZTA’s case, and the sloppy arrogance with which the Transport Agency approached the Board hearing.

This pair of posts from Wellington’s Eye of the Fish blog – one before and one after the decision – reflect the surprise many pundits felt about the Board’s decision:

There were also a number of congratulatory messages and supportive statements from political parties including Labour, the Greens, United Future and NZ First, which I’ll cover in a subsequent post. (If I’ve missed any parties out from that list, please let me know!)

The sky isn’t falling, and there is a Plan B

Given previous Boards’ track record of approving Government proposals, it’s understandable that many people were surprised at the decision. What’s less understandable is the failure of a number of local business and civic leaders to either accept or adapt to the situation.

Plainly, many flyover supporters had proceeded on the assumption that the project would be rubber-stamped. The weeping, wailing and gnashing of teeth extended from Kirkcaldie and Stains to certain inhabitants of various Council chambers.

Well, here’s some news for the Chicken Littles of Wellington: the sky isn’t falling, and contrary to what a number of local and national politicians have said, there is a plan B – in fact, several other options are on the table and were taken seriously by the Board in its report.

For example, here’s what the draft Board decision says about the Basin Reserve Roundabout Enhancement Option (BRREO) developed by Richard Reid & Associates for the Mount Victoria Residents Association, and presented to the Board hearing:

We concluded that the BRREO concept was not suppositional and was at least worthy of consideration. While not delivering equal transportation benefits to the Project, we found that it may nonetheless deliver measurable transport benefits at considerably less cost and considerably less adverse effects on the environment. We bear in mind that BRREO is still at a provisional or indicative stage and could be subject to further adjustment by further analysis. (pp. 438-9)

So. Options are on the table. Pending the final decision, a flyover isn’t one of them. It’s time for an open, reality-based discussion about what happens next.

 

 

http://www.epa.govt.nz/Resource-management/Basin_Bridge/Pages/Basin_Bridge.aspx

 

Save the Basin Campaign congratulates Basin Reserve flyover Board of Inquiry on making the right decision

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The Save the Basin Campaign today congratulated the Basin Bridge Board of Inquiry for declining approvals for the proposed Basin Reserve flyover.

Save the Basin Campaign spokesperson Joanna Newman said that the Board of Inquiry had made the only logical decision based on the evidence that emerged during the four-month enquiry hearings. “During the hearing,” said Ms Newman, “it became evident that the proposal would have a profound impact on the historic heritage of the Basin Reserve cricket ground and surrounding area, for very little transport gain, and NZ Transport Agency had conducted a biased and incomplete evaluation of alternatives to their flyover plan and ignored all of the improvements already underway in the adjoining War Memorial Park tunnel development.”

The Board seems to have listened to the many residents, cyclists, walkers and motorists who explained the unique character of the area and its value to Wellington and the nation, which would have been destroyed by the project. “We’re delighted that the Board has said no to what would have been an unnecessary, expensive, ugly and hugely damaging project,” said Ms Newman. “The Board heard from a number of experts that there are major changes underway in how people use transport systems. This decision represents a great opportunity for Wellington to move away from the outdated motorway-and-flyover model of transport planning and towards the sustainable methods of providing access and mobility that are appropriate to a modern capital city in the 21st century.”

“We hope that the NZTA and the Government have seen sense and will not attempt to overturn this decision,” Ms Newman concluded. “However, if they do try to overturn it, the community will certainly be ready for them.”