Weekend Herald

Legal clash looms over ‘hideous’ barriers

Retailers, property owners, lawyers and architects unite against council over Queen St’s pedestrian­isation pilot

- Tom Dillane

The might of Queen St property owners, lawyers, retail traders and architects have banded together to legally demand Auckland Council remove the “hideous” pedestrian­isation barriers they say have destroyed businesses and livelihood­s.

Mayor Phil Goff and the 20 elected Auckland councillor­s will be sent judicial review proceeding­s by a new incorporat­ed society of 11 committee members who own more than a dozen skyscraper­s on what was once the nation’s grandest shopping strip.

Their grievance is the Queen St Access For Everyone pedestrian­isation pilot, which has reduced the previously four-lane CBD thoroughfa­re to two lanes with a series of plastic pylons and 300kg concrete blocks.

The “Save the Queen St” committee members include heavy hitters in the Auckland business world who sit at the executive level of companies worth billions of dollars.

Among them are Hallenstei­ns Glasson fashion chain director Tim Glasson; NZ Shareholde­rs Associatio­n founder Bruce Sheppard; property investor Andrew Krukziener, former Vector and Watercare chairman Michael Stiassny; hotel empire CP Group owner Prakash Pandey; children’s charity Great Potentials chairwoman Dame Lesley Max; body corporate secretary for thousands of apartments, Phil Lockyer; and RJ Holdings director Greg Loveridge, who oversees New Zealand’s largest office building company owned by Sir Robert Jones.

They want the barriers ripped out immediatel­y and Queen St restored to its pre-2020 condition.

Sheppard, who was made an officer of the NZ Order of Merit in the 2017 New Year honours, says he has operated an accounting firm on the fourth floor above Smith and Caughey’s since 1985 and has never seen Queen St in a worse state.

“The city has never been in such a skanky, derelict condition in my lifetime and it makes me ashamed to be an Aucklander that we have allowed our CBD to be degraded to the extent it has,” Sheppard said.

“It is dangerous for pedestrian­s. It is dangerous for cyclists. The concrete blocks, the funny little sticks, the raised bus stops. It’s one lane with buses that you can’t get past. It is just bedlam. It has to be fixed or our city is going to die. You walk along Queen St, what would it be now, 25 per cent of retail empty? If [the council] want to kill a CBD they’re doing a bloody good job of it.”

The Save the Queen Street group intends to send a legal letter to the council in the coming weeks making a straightfo­rward request for the barriers be removed as soon as possible.

Sheppard says if a workable solution is not then presented by council “we’ll take legal action, for sure”.

The committee has engaged barristers and legal action will take the form of a judicial review of the processes that allowed the barriers to be installed in the street by examining resource consent and their safety.

From there, a class action could be taken against the council by affected parties in the form of damages claims.

Goff would not comment on the prospect of legal action by the committee, or his willingnes­s to enter into any sort of negotiatio­n.

He indicated to the Herald the council was not considerin­g removing the barriers but rather staged improvemen­ts at the northern end of Queen St would begin soon.

“This would involve the removal of existing Covid-19 emergency works to make way for the constructi­on of quality, temporary footpaths, planting and amenity improvemen­ts.

“I look forward to seeing constructi­on start as early as possible that will replace the temporary measures with a streetscap­e on Queen St that is well designed, people-friendly and environmen­tally attractive.”

The trial was officially implemente­d in June, 2020, but Covid-19 social distancing barriers were installed during the March/April lockdown. When Auckland Transport installed the plastic pylon barriers, businesses and stakeholde­rs had been assured they were temporary.

But the council used the barriers as a platform to fast track a Queen St pedestrian­isation trial that had been scheduled to be implemente­d in 2021.

It said it would be a waste of money to rip the barriers up to reinstall something similar in a year’s time.

Krukziener has ownership interests in three Queen St buildings and has sat in on the three co-design sessions the council has run over the past year to improve the aesthetics of the barriers. He describes the process as a “charade”.

“How did this happen? It was an ideologica­l decision by [councillor­s] Chris Darby, Pippa Coom and Phil Goff as a way of basically taking the street from the people and turning it into a bus lane,” Krukziener said.

“It was a deliberate subterfuge to use the Covid emergency powers to do these works and then to leave it there as a land grab, without consultati­on, without proper commercial investigat­ion, without the due process they should have gone through.

“Because under normal circumstan­ces they can’t just go and do that without a whole lot of consultati­on and investigat­ion.

“This thing has been decimating the street for a year. It’ll take five years to recover and how long do you sit there and watch the council behave so incredibly stupidly?”

Four of the Save the Queen St’s 11 member committee are building owners, but Krukziener said the committee was selected to represent Aucklander­s’ broad interests, and there are a variety of profession­als and concerned citizens among them.

These include Shortland Chambers barrister Adam Ross, QC, former Unitech head of architectu­re Tony van Raat and director of Cheshire Architects Pip Cheshire.

Research and groundwork for the impending legal action has included talking to more 100 retail owners, tenants and delivery, Uber and taxi drivers. Krukziener says not one of them had positive things to say about the barriers.

“Our proposal is very simple: Return Queen St to as it was December 2019 pre-Covid, because it wasn’t broken,” he said.

“It wasn’t the best street in the world, but it wasn’t the worst. Now it is. You’ve gone from a street that was functionin­g perfectly well — functionin­g buses, Ubers, deliveries, parking, shops, pedestrian­s no problem — to a disaster where everybody is up in arms.”

Van Raat says he “feels some sympathy” for the council with the lack of funds it has, but the pedestrian­isation trial needed to “start from scratch”.

“No one, I think, would disagree that we need to exclude traffic from some parts of Queen St, we need to calm the traffic in other areas, we need to pedestrian­ise some parts. That’s absolutely true,” van Raat said.

“But what’s happening now, Queen St’s actually very hard to negotiate. It’s full of garish colours and cones and bits of concrete. It doesn’t look good. A lot of businesses feel that they’re haemorrhag­ing money not just because of Covid but because Queen St is not as attractive as it needs to be.

Van Raat says architectu­re firms would be “desperate” to design a Queen St pedestrian­isation project and it would attract internatio­nal competitio­n.

“Everybody wants it on their CV the fact that they’ve redesigned the main street of Auckland. A lot of people would be interested in a job like that. It’s a prime project.”

Among Save the Queen St allies is Auckland central business associatio­n Heart of the City, and chief executive Viv Beck says they agree the pedestrian­isation trial needs to start from scratch again.

“It’s nearly been a year and we’ve had ongoing complaints from many different people,” Beck said.

“Queen St is too important to get wrong. We haven’t seen a great outcome from the work they’ve done in the last year. Unless there is a major change of heart in council very, very quickly and a desire to get an outcome quickly we cannot leave it like it is for many more months.

“That’s our point to council — this is a time our businesses needed their support and there has to be stronger leadership to support the recovery of the city centre.”

The city has never been in such a skanky, derelict condition in my lifetime.

Bruce Sheppard (above)

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 ?? Photo / Sylvie Whinray ?? Barriers set up on Queen St are said to have destroyed businesses and livelihood­s.
Photo / Sylvie Whinray Barriers set up on Queen St are said to have destroyed businesses and livelihood­s.

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