The High Court today dismissed the NZ Transport Agency’s attempt to overturn the rejection of its controversial plan to build a 300-metre concrete flyover alongside the Basin Reserve.
In a decision released this afternoon, the Court stated:
The Transport Agency has not established that in its decision the Board of Inquiry made any error of law … Consequently the Agency’s appeal is dismissed.
The Board’s decision does not contain any of the errors of law alleged.
The Transport Agency had appealed against the Board of Inquiry’s decision to decline consent for the $90m flyover alongside the Basin Reserve.
The DomPost reports that the plans for a two-lane one-way flyover, alongside the country’s most famous cricket ground, are now dead in the water.
The full decision is here.
Welcoming the decision, Save the Basin spokesperson Tim Jones said: “We hope the Transport Agency and the Government will finally take the message on board that a Basin Reserve flyover would be ugly, unnecessary, outdated and inappropriate, and that Wellington deserves modern, sustainable transport options that are appropriate for a modern capital city.”
Mayor Celia Wade-Brown said she was “glad the ugly flyover won’t happen” and she had consistently voted against it. She called for integrated planning.
Wellington MPs Grant Robertson and Annette King say it’s time for the Transport Agency to work with the community on other options.
Christine McCarthy of the Architectural Centre, noting that the legal proceedings had been long and expensive, said her organisation looks forward to working with the Transport Agency as it seeks to make impprovements round the Basin.
Other options are now being considered even by the Chamber of Commerce, a long-time flyover supporter. John Milford said tonight work must start urgently to find “another solution” at the Basin.