A spokesman for Waka Kotahi told The Gisborne Herald it has “a regular and active inspection regime for all sections of the state highway network, and our contractors repair potholes and other defects as quickly as possible when they are identified”.
“However, it’s important to understand that by their very nature potholes form very quickly and it’s not possible to predict exactly where and when they will appear.
“The state highway network is 11,000km in length and it is not practical to immediately identify and repair every pothole or defect.
“Recent heavy rainfall, combined with the ongoing effects of the severe weather events which hit the region earlier this year, has been tough on road surfaces, including causing potholes to form.
“The continued wet weather is proving to be a recipe for pothole formation, not only in Gisborne but in several parts of the country.”
The agency dealt with claims for compensation on a case-by-case basis and investigated where necessary, he said.
“We recommend that drivers have insurance for their vehicles in the event of any damage that may occur on the road, whether it be a local road or a state highway, and their insurer should be their first point of contact where any damage has occurred.”
Local authorities are responsible for 94,000km of local council-controlled roads in New Zealand.
Gisborne District Council says that in the past 12 months it has had 33 claims from motorists seeking reparation for damage allegedly caused by local roads.
It hasn’t paid out on any of them. A spokeswoman didn’t say directly why that was but said “the network isn’t guaranteed to be free from defects at all times. Road users are expected to drive to the local conditions and remember that conditions vary along a stretch of road”.
A recent disputes tribunal decision is a good reminder to aggrieved motorists of the difficulties in getting roading authorities to pay out for damage motorists say is caused by degenerating road surfaces.
In the decision, published online this month, referee Paulette Goddard found a motorist had not proved to a necessary evidentiary standard that Waka Kotahi had breached its duty of care by failing to ensure the maintenance of the road was carried out in accordance with its required standards.
The parties weren’t named as is standard in disputes tribunal decisions.
However, Waka Kotahi has confirmed it was the respondent in the case as it is the only authority responsible for the nation’s highways.
The aggrieved motorist claimed that sometime in August or September last year he damaged a tyre on his tandem trailer while towing it behind his small truck on a potholed state highway between two towns (also unnamed).
The complainant said he thought the damage happened on September 13, last year, but wasn’t sure because the damage wasn’t immediately obvious due to the nature of the wheels on the trailer.
He wanted $410.22 as compensation for the repair costs, citing negligence in roading upkeep by Waka Kotahi and his concern for the safety of all road users.
However, Ms Goddard said Waka Kotahi hadn’t breached its duty of care. It had roving contracted patrols that regularly monitored all roads for signs of damage and hadn’t recorded any damage in that location on that date.
The circumstances were “complex”.
“If (Waka Kotahi) had an unlimited budget, it could reasonably be expected to maintain the roads in a perfect condition, which is clearly not the case. Therefore, the reasonable expectation must be that (it) maintain the roads in an imperfect condition, and the question becomes what degree of imperfection is tolerable.
“The question requires a balance of cost and safety that must be made at a political level.”
The Waka Kotahi spokesman said roading crews were looking forward to summer to carry out a significant programme of planned road maintenance and renewal in the regions, which would help prevent future potholes from forming.
Annual spending on state highway maintenance has increased by 65 percent since 2015 to $2.8billion.
Following Cyclone Gabrielle, the Government topped up the National Land Transport Fund by $250m to cover the cost of emergency repairs and earmarked a further $275m for this work in Budget 2023. This funding has allowed Waka Kotahi and councils in affected areas to get on with repairs to state highways and local roads to reconnect communities as soon as possible.
A Transport Recovery: East Coast Alliance was formed to lead the design and delivery of physical works on the state highway and rail networks over the coming years. The alliance is a collaboration between Waka Kotahi, KiwiRail, Fulton Hogan, and the existing maintenance contractors for the two regions — Downer and Higgins.
Read More: https://www.gisborneherald.co.nz/news/potholes-priority
