Category: High Court

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.

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 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.”