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NZTA Jumping the Gun on High Court Expressway appeal
August 19, 2013
Mark Harris - says legal decision preempted by NZTA

Anti Kapiti expressway lobby group Save Kapiti have expressed surprise that the government and NZTA are intent on going ahead with the "sod-turning" ceremony to mark the beginning of construction of the expressway on Thursday 22 August.

"There are a couple of key facts that NZTA seem to be ignoring," says spokesperson Mark Harris.

"One, the High Court has not yet delivered its judgement on the appeal against the Board of Inquiry's decision to grant consent. Two, even if the decision is delivered in the early part of this week, by law the parties have 10 working days to consider the judgement and decide whether to appeal the decision further. This right of appeal is regardless of the outcome of the appeal and is available to all parties – the BOI, NZTA and Save Kapiti.

"NZTA will be jumping the gun if they go ahead with the 'sod turning' ceremony on Thursday," says Mr Harris. "This really raises a question as to whether NZTA has due respect for lawful processes in New Zealand."

The appeal was heard at the High Court in Wellington on 10 July before Hon. Justice Gendall, who reserved his decision.

Portrait of Justice Gendall by Chris Warring

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