Locals take legal action over suburb’s cycleway
News
Wellington’s Island Bay cycleway debacle continues as residents forge ahead with community-funded legal action.
It follows more than three years of heated debate over a decision that best suits the majority.
A ‘‘commonsense’’ design compromise was given the green light last September, with concept designs finalised in March.
However, residents have been vocal in their opposition, saying the new proposal is still ignoring the views of locals who want The Parade returned to its precycleway design.
Yesterday, Wellington City Council received a letter from a lawyer acting for The Island Bay Residents’ Association (IBRA), indicating the group intends to take judicial review proceedings.
A judicial review is a legal test of a decision-making process of a public body.
Council chief executive Kevin Lavery said IBRA was seeking relevant documents and information – including information and correspondence generated by elected members.
The council had also been informed that IBRA had withdrawn its previous complaint to the Ombudsman.
‘‘We’ll start a dialogue with the lawyer and of course take our own legal advice. In the meantime staff have been asked to carry on with work that has started in terms of the redesign of the road layout on The Parade.’’
The council aims to start construction on the redesign later this year and expects it could be completed by mid-2019. It has yet to make decisions on civil works that could delay construction.
IBRA went to ground after threatening legal action in September and are understood to have enlisted Wellington lawyer, Con Anastasiou, who specialises in corporate law, commercial law, intellectual property law and resource management law.
IBRA president Vicki Greco confirmed a lawyer had been instructed to inform the council that residents would be moving forward and seeking a judicial review.
‘‘The community is not happy with the final outcome.’’
The legal action would be funded by the community and a further call for support would soon go out to residents.
The last time residents considered legal action they entered into a process with the council to try to resolve the issue, she said.
Southern ward councillor, Island Bay resident and lawyer Fleur Fitzsimons said IBRA had the right to test the legality of the decision around the cycleway. ‘‘The court will deliver a final decision … I hope then we can move on.’’
Rongotai MP and former Wellington Deputy Mayor and southern ward councillor Paul Eagle said he was saddened the fight had got so far but IBRA had a democratic right.
He encouraged residents to go back to the talks table with the council. ‘‘They still have time to get it right.’’
IBRA had previously sought legal advice on a judicial review and were told it would be expensive and not the right process to get the right outcome, he said.
He was surprised the group had decided to go down the same route.
The Island Bay cycleway covers just 1.7 kilometres, but already it has soaked up years of arguments and could end up costing as much as $7 million.