Council denies legal responsibility over growing injury tally

ACC has questioned whether Wellington City Council could face legal action over the spate of accidents involving pedestrians and buses.

The council says it ‘‘regrets’’ any accidents involving pedestrians on its new two-way bus lane, but does not believe it could be held legally responsible for injury or death.

ACC presented a paper last year to the National Road Safety Management Group questioning ‘‘whether proceedings could be taken against Wellington City Council by persons injured by buses’’ in the capital.

At least 13 pedestrians have been hit – including one fatality – since the city’s new bus opened in November 2010.

The primary focus of the ACC paper was pedestrian safety and whether the council was applying the Government’s road safety objectives designed to reduce death and serious injury to its bus routes.

That meeting’s minutes show ACC officials made contact with

route council representatives to discuss the concerns.

Speaking yesterday, deputy mayor Ian McKinnon dismissed suggestions that the council or its representatives could face legal proceedings in court if someone was hit by a bus.

‘‘We very much regret any accident that takes place. On the other hand, in terms of legal respons- ibility, I would say that is not so because of the structure we have in New Zealand in terms of ACC [accident insurance].

‘‘I don’t think you can ever target one particular party in any situation such as this,’’ Mr McKinnon said.

The council would investigate the incident involving Tim Brown being run over on Thursday to find out ‘‘how and why it had happened and if there’s anything we can do in response to ensure this series of events doesn’t reoccur’’.

A council spokesman said legal advice over the council’s potential liability had not been sought.

‘‘Our focus is on pedestrian safety, not protecting our legal position.’’