In a letter sent to Waka Kotahi on May 16, RTC chairman Martin Williams said on the basis of that legal advice he considers the speed limit review process for State Highway 5 to have had "a number of evident material flaws and gaps".
This included what he suggests was an apparent failure to follow some processes set out in the Land Transport Act or the Speed Management Guide 2016.
He said he wanted to give Waka Kotahi a further opportunity to address concerns before any formal decision to proceed with a judicial review, given the strategic significance of the road and the RTC relationship with Waka Kotahi.
Williams asked Waka Kotahi to provide evidence of having ever considered "other measures to achieve travel speeds that are safe and appropriate" outside of permanently reducing the speed limit.
He is also requesting a copy of an "intervention check", an assessment of which intervention is most appropriate for a given road, if one was completed by Waka Kotahi under the Speed Management Guide 2016.
Finally, he wants an assurance that Waka Kotahi has not ruled out exploring investment options that would allow a 100km/h speed limit to be reinstated upon review.
Linda Stewart, Waka Kotahi's director of regional relationships, confirmed she had received the letter last week but did not give a specific timeframe for when a response may come.
"Waka Kotahi is committed to working with our local government partners in Hawke's Bay to ensure everyone who uses our roads can get where they're going safely," she said.
"We all want State Highway 5 between Napier and Taupō to be safer and agree that any deaths and serious injuries on this section of road are unacceptable."