A man taking his children for a bike ride along Wellington's waterfont. Photo / Mark Mitchell
A man taking his children for a bike ride along Wellington's waterfont. Photo / Mark Mitchell
A dispute over a controversial cycleway in Wellington, part of a new radical 166km network, has been settled outside of court.
Earlier this 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.
"This is an attempt at change by stealth," Gazley has said.
But Wellington City Council chief planning officer Liam Hodgetts emailed councillors tonight advising them the matter has now been settled.
"In the best interest of the parties moving forward on a more positive footing, we have settled the matter out of court."
Hodgetts said the businesses have agreed to withdraw the judicial review, if the council used the more common process of a traffic resolution to progress the cycleway.
The Paneke Pōneke bike network plan, of which the Newtown cycleway is part, will expand the existing 23km of cycleways across the capital to 166km.
The cycleways are being rolled out through a transitional programme with plastic post separators and changes to road markings using paint.
This allows the network to be established more quickly and so changes to the design can be made in real-time before permanent grade-separated cycleways are implemented.
Southern Ward councillor Fleur Fitzsimons. Photo / Mark Mitchell
The process the council was using was much faster than the traditional traffic resolution.
Hodgetts said the decision to settle was made in light of the judge's reasons for granting the injunction.
Justice Simon France ruled the businesses identified an arguable case the council could not do what it is doing under the power it relies on.
"It is an expansive use of a temporary diversion power; it may well be a lawful use but the proposition is plainly arguable."
France acknowledged the impact on businesses would be "significant and immediate".
Hodgetts said the decision to settle was also made in light of recent comments by the Transport Minister indicating more legislative certainty for councils embarking on repurposing their streets to encourage mode shift.
Progress would not start again on the Newtown cycleway until August, given work on a traffic resolution for the Botanic Gardens to City stretch of the new network was now under way, Hodgetts said.
Council spokesman Richard MacLean said they had no further comment at this stage.
Gazley said it was good the parties had reached a settlement.
"For us as Wellington business owners it was a tough decision to challenge our own city council in court, but we did it because it was an issue worth fighting.
"This isn't about being anti-cycling, and it never was. It's about proper consultation with affected communities and businesses, plans that make sense and taking people along with you."
Gazley said all the businesses were pro-cycling but had copped some "pretty nasty online abuse" in the process.
"We hope this process means we now get a better plan that works for the whole city and that ratepayers feel encouraged to make sensible choices at the upcoming local body elections."
Southern Ward city councillor Fleur Fitzsimons welcomed the settlement and said businesses and residents shouldn't need to resort to litigation to be heard.
