A new report has raised concerns about the number of outstanding resource consent requirements for Transmission Gully, just seven weeks before the new state highway out of Wellington is due to open.
Asked whether the requirements could be reasonably met in time for September 27, Greater Wellington Regional Council (GWRC) chairman Daran Ponter said it was touch and go.
"At this juncture, I would have to say that I'm nervous."
It's crunch time for the $1.25 billion road, which has been the subject of budget blowouts, bailouts, and delays. As of the end of July, 98 per cent of the construction programme was complete.
But a report in an upcoming GWRC committee meeting says there's a risk the project's partners will not meet the requirements for the road to legally open on time.
Sign-offs on 41 outstanding tasks were needed to meet environmental consent conditions, the report said.
Ponter said it was an "extensive" list of issues relating to sedimentation and stormwater control, which presented an immediate environmental risk if they were not addressed correctly.
"I really only need to draw your attention to the bad weather that we've had in the last 48 hours to show just how bad things can be and how we can leave the environment in a precarious state if we don't address things properly."
The four-lane motorway is being built through a public-private partnership (PPP), the Wellington Gateway Partnership (WGP), with CPB Contractors and HEB Construction subcontracted to carry out the design and construction.
The regional council was "bending over backwards" to help the road's builder get the necessary resource consent requirements ticked off in the short time they have left, Ponter said.
But the report said the situation could become a compliance and enforcement issue for the council.
GWRC recently took the builder to court over four earthworks-related charges resulting in a fine of $70,000. As of May, the council had issued $37,500 worth of fines over Transmission Gully.
In comparison, the builder will be liable for $250,000-a-day in damages if the road doesn't open on time.
Furthermore, $7.5 million of a $145.5m settlement covering the cost impacts of Covid-19 will not be paid out if the road is late.
Ponter said it was a perverse set of circumstances.
"The road builder is incentivised by $7.5m to open the road on the day they said they would.
"That incentivises them, potentially, to bypass, ignore, to frustrate some of the resource consent conditions that are required of them because we can only put in place instant fines that are less than $5000."
But Wellington Gateway Partnership chief executive Sergio Mejia said the business would not be bypassing any of the necessary sign-offs.
"Transmission Gully motorway will open as soon as all the necessary legal and contractual requirements are fulfilled."
Construction of the motorway was substantially complete, Mejia said.
A spokesman for Waka Kotahi NZ Transport Agency said it was up to the contractor and builder to meet the compliance and regulatory requirements before Transmission Gully motorway can be legally opened for public use.