Flight path noise concern prompts legal threat
Residents of Wellington’s northern suburbs who say they are affected by noise from planes overhead are pursuing legal action to have the flight path altered.
Community group Plane Sense met yesterday to decide a response after Wellington Airport stated via a media release they would be looking to Airways, which runs air traffic, to create a new flight path.
The residents formed the group after the DMAPS (Divergent Missed Approach Protection System) missed approach procedure was introduced by Wellington Airport in December 2022.
The flight path allowed for planes fly over Wellington’s northern suburbs, which led to noise complaints from residents there.
Yesterday’s meeting saw the group vote on whether to continue with Wellington Airport’s proposed course of action, which included public consultation later in the year, or whether to start a judicial review case to have the DMAPs flight path set aside by court order.
A judicial review would cost at least $100,000, the group’s legal expert, lawyer Kim Murray, advised. This would pay for solicitors’ fees and security if the group was forced to pay damages should it fail.
Murray advised the group to reject the proposal and to ask for the airport to reinstate the original flight paths preDMAPS, then start a consultation period.
If the airport rejected that, he recommended the group start litigation proceedings.
While there were issues with judicial review, the process would be streamlined, and may allow for the application of an interim order to stop early morning planes flying overhead.
The group overwhelmingly voted to follow the litigation route, with 95% supporting it.
City councillor Diane Calvert, who attended the meeting, believed the key was that the authorities involved would not apologise and admit fault.
“All I can see is continual delays. And I think this group has been extremely patient working with Airways and the airport.”
Airways and Wellington Airport have been approached for comment.