The NZTA have announced they are going to challenge the decision of the Board Of Inquiry (BOI) to decline the consent for the Basin Flyover.
The Basin Reserve flyover battle is heading to court.
The New Zealand Transport Agency will today reveal its intention to fight the decision by a board of inquiry to decline resource consent for the controversial highway project.
The agency is worried that, if the flyover ruling is allowed to stand, it will set a legal precedent that could jeopardise all major infrastructure projects planned throughout the country.
Appeal documents were filed with the High Court at Wellington late last night.
Appeals against board of inquiry decisions can be made only on points of law, and Transport Agency acting chief executive Dave Brash said the board’s 504-page final decision contained “concerning” errors. Those errors had left NZTA, other agencies and councils uncertain how they should deliver vital infrastructure, he said.
“These uncertainties have the potential to create legal precedents that would constrain progress, not just on roading projects but on future … non-transport infrastructure.”
In my opinion the decision made by the BOI clearly showed they understood the implications of the project and the decision they were making. I think someone the NZTA forget that there’s not a clause in the RMA that states all road projects get rubber stamped.
The board of inquiry’s four commissioners voted 3-1 to reject the $90 million project in July, saying NZTA had failed to properly consider alternative ideas and solve the damage the flyover would do to the surrounding heritage area.
The three who voted against the project felt it was inappropriate to consider the benefits of the flyover within the wider context of a proposed second Mt Victoria tunnel and bus rapid transit network, because those projects had not been fully developed.
Brash said: “Disregarding future projects simply because they are not yet consented creates a ‘chicken and egg’ scenario.
It sure was a chicken and egg situation and the NZTA were the eggs. The BOI rightly said each project has to stand on its own and this project didn’t as many of the benefits claimed for it were actually attributed to other projects.
It could take to to another year for the hour court to make a decision and if that goes the NZTAs way for the BOI to reconsider the out application. That’s time the NZTA could be getting on with a better solution.