Foodstuffs applies for judicial review of Thorndon cycleway

Angle parking on Thorndon Quay in Wellington. Photo / Mark Mitchell

A second judicial review has hit Wellington City Council’s plan to radically expand its cycleway network, this time launched by Foodstuffs.

In an email sent to councillors last night from the council’s general counsel, it was revealed Foodstuffs North Island has applied for a judicial review of the Thorndon Connections cycleway.

According to the email, Foodstuffs is worried the decision-making for the cycleway was “flawed” and has requested the entire process be scrapped and undertaken again.

“They claim the decision-making process was flawed in relation to a number of matters including the consultation undertaken, the treatment of reasonably practicable options, natural justice and the reasonableness of the decision.”

The email said Foodstuffs wishes for an option for the cycleway to be located on the left-hand side of Molesworth and Murphy St, which would avoid the entrance of Thorndon New World.

The email also said the group wanted “more fulsome” opportunities for its views to be heard.

Foodstuffs spokesperson Emma Wooster said their opposition was a matter of safety.

“We support safe and accessible cycleways for all members of the community, and our motivation has always been to ensure appropriate safety measures are taken into consideration by the Council.

“We’ve been engaging closely with Council about our significant safety concerns on the current proposal they have put forward, and as a result, we have lodged an application for a judicial review.

“In our view, it’s vital to get this right at the outset to ensure the best outcome for the community and their safety.”

When the council approved the cycleway in May, Mayor Tory Whanau said she was committed to meeting with Foodstuffs, should they wish to do so, to help broker ways to improve safety and accessibility to New World Supermarkets’ entrances in the area.

Wellington City Council spokesman Richard MacLean confirmed to the Herald the application had been lodged but said as the case was now before the courts, he could not comment further.

The Herald has approached Foodstuffs for comment.

The Paneke Pōneke bike network plan, of which the Thorndon cycleway is part, will expand the existing 23km of cycleways across the capital to 166km.

This is not the first time the cycleways in Wellington have faced legal action – last year the High Court granted an interim injunction over the Newtown cycleway, halting construction until a full judicial review hearing was heard.

The case was led by a group of Wellington business owners. Myles Gazley, of Gazley Motors, said they supported cycleways but were deeply concerned about the lack of consultation on such a significant project.

The matter was settled out of court.

Vita Molyneux is a Wellington-based journalist who covers breaking news and stories from the capital. She has been a journalist since 2018 and joined the Herald in 2021.