Luke Kirkness: Engineer wins $2300 compensation in pothole battle - a victory for motorists everywhere

Scott Hearn fought Waka Kotahi for compensation over a damaged wheel he was forced to replace after driving over a pothole. Photo / Andrew Warner

Opinion

Sometimes it’s the little victories that make the biggest difference.

Earlier this year, Rotorua automotive engineer Scott Hearn was awarded compensation from Waka Kotahi New Zealand Transport Agency after taking his case to the Disputes Tribunal.

Hearn’s success in being awarded nearly $2300 over damage caused to his wheel by a pothole last year is not only a win for him, but potentially for other motorists whose vehicles have been damaged due to the state of New Zealand’s roads.

Let’s face it, the weather over the past year has been horrendous. Heavy rain, storms and all sorts of extreme weather conditions have taken a toll on our roads.

While I can sympathise with Waka Kotahi and its contractors for the challenges they face in maintaining the 11,000-kilometre state highway network, it’s their job to ensure our roads are safe and well-maintained.

Kiwis pay their taxes with the expectation their hard-earned money will be used to keep our roads in top shape.

The fact that over 211,000 potholes have been reported on state highways in the past five years is alarming. It’s a clear indication there is room for improvement in maintenance and repair efforts.

And the surge in compensation claims, with a nearly 90 per cent increase in 2022 alone, highlights the frustration experienced by motorists who have suffered damage.

Hearn’s case is a prime example of the challenges faced by those seeking compensation.

He initially sought reimbursement for just one tyre and wheel, but found himself entangled in a nine-month ordeal.

It shouldn’t be so difficult for people to have their claims for damages caused by potholes considered, regardless of whether the formation of it was within Waka Kotahi’s control or not.

Hearn believes his winning strategy was quoting the New Zealand Consumer Guarantees Act, which safeguards the rights of consumers.

It’s important to remember we have strong consumer laws in place to protect the public.

Hearn’s perseverance and determination paid off, leading to a successful outcome, and his message to fellow motorists to “stick to your guns and stand up for your rights” is empowering.

The decision by G. R. Meyer in the Disputes Tribunal sets an encouraging precedent for others seeking compensation.

Meyer found Waka Kotahi had breached its duty of care and said it had a responsibility to ensure the safety of road users and take proactive measures in preventing foreseeable incidents.

Waka Kotahi argued it was difficult to predict where potholes would form due to their rapid development, but it’s important to strike a balance between resource limitations and road safety.

It’s time for the Government to step up and be held accountable for the state of the roads.

It blames the previous government for halting road maintenance funding and is throwing money at the problem.

Increased investment in maintenance is a step in the right direction, but there needs to be more done to ensure that our roads are safe and reliable.

Hearn’s victory should serve as a wake-up call for Waka Kotahi and all motorists that they have rights.

We shouldn’t accept subpar road conditions.

The roads belong to the people and it’s our right to expect them to be of a certain standard, so we should demand better and ensure that our voices are heard.

Luke Kirkness is an assistant news director for the Bay of Plenty Times and Rotorua Daily Post covering general news. He previously worked at the NZ Herald for three years, mainly as a consumer affairs reporter. He won Student Journalist of the Year in 2019 at the Voyager Media Awards.