Council facing e-scooter lawsuit
Auckland Council is being sued for the second time this year over its management of city streets — this time over e-scooters on footpaths “endangering” pedestrians.
A judicial review was served to the council and Waka Kotahi NZ Transport Agency (NZTA) yesterday in the High Court opposing the legality of “large numbers of e-scooters being used on the city’s footpaths”.
Pedestrian advocacy group Living Streets Aotearoa filed the legal proceedings arguing NZTA and Auckland Council failed to properly consult and breached national road laws when they decided e-scooters “were not motor vehicles”.
“The principal case against Auckland Council is that it licensed the operation of hire e-scooter businesses for use on Auckland footpaths when they did not meet the conditions for lawful use on footpaths and similarly failed to consult with affected parties,” Living Streets Aotearoa executive Chris Teo-Sherrell said.
“Riding, and leaving, e-scooters on footpaths endangers and intimidates many pedestrians who range in age from infants in prams to elders in their 80s and above.”
The council confirmed to the Weekend Herald it was served with the legal proceedings yesterday and was “currently considering them”.
“As the matter is now before the courts, council does not intend to comment further at this time,” a council spokesperson said.
In April, the council was also sued in the High Court by a group of property owners and small businesses over its Queen St pedestrian trial.
The council eventually settled the High Court action over the plastic bollards that had reduced Queen St to two lanes for over a year — removing them from much of the city thoroughfare, and spending $1.1 million to upgrade the existing street furniture.
However, this settlement was not before hundreds of thousands of dollars was spent by both the Save the Queen Street business group and the council on the court proceedings.
Living Streets Aotearoa said in a statement yesterday that it is seeking a declaration that e-scooters for hire in Auckland don’t come within the terms of the exemptions granted in the Notice and the Land Transport (Road User) Rule 2004.
It is also advocating for e-scooters to be allocated dedicated road space so that “riders can also be and feel safe”.
“These devices are ideal for many trips currently undertaken by people driving alone in cars,” Teo-Sherrell said. “Providing a safe, pleasant place for them to be used should encourage more people to ditch the drive and go for the ride.”
Wilson Harle partner and barrister Chris Browne is representing Living Streets Aotearoa in the High Court.
The Auckland Council also highlighted the existing licensing and regulation rules publicly available about micromobility — including e-scooters and e-bikes.
A study by Auckland City Hospital this year found that e-scooters were four times more dangerous than bikes, based on hospitalisation rates.