Legal action launched over Wellington’s Transmission Gully motorway

Court action has been launched over the $1.25 billion Transmission Gully motorway out of Wellington in the wrangle to get the road finished, despite it opening 19 months ago.

Waka Kotahi NZ Transport Agency confirmed legal proceedings were under way in a statement this morning.

Transport services general manager Brett Gliddon said the dispute relates to incomplete works on the road and Waka Kotahi’s expectation these should be completed to the standard in the project’s contract.

“CPB Contractors and HEB Construction Joint Venture (CPBHEB JV) have lodged legal proceedings against Waka Kotahi in response to our ongoing expectations that it complies with these obligations,” Gliddon said.

The outstanding works include a new State Highway 59 connection between Mackays Crossing and Paekākāriki, works at the Pāuatahanui interchange, a recreational track along parts of the route, and maintenance access tracks.

Gliddon made assurances Transmission Gully continued to be safe and open for public use.

Transmission Gully was built through a public-private partnership (PPP), the Wellington Gateway Partnership (WGP), with CPB Contractors and HEB Construction subcontracted to carry out the design and construction.

CPB and HEB have been approached for comment.

WGP chief executive John Humphrey said: “It’s disappointing that legal proceedings are under way despite our best endeavours to reach a resolution on the matters at issue.”

The road’s opening was down to the wire in March 2022 and was only made possible after Waka Kotahi agreed to defer some quality assurance tests until after the opening, and reduced the requirements for others.

The completion of some required quality assurance tests, works completion tests, consenting tasks and property agreement obligations with local landowners also remain incomplete.

Discussions have been ongoing over the past year on the matter but to no avail.

In July, the Herald revealed progress was slow “with a considerable amount of work remaining to be completed”, according to Regional Transport Committee documents.

Gliddon said the details of these discussions between parties are commercially sensitive and cannot be disclosed.

But he said Waka Kotahi will manage the Crown’s interests and defend the case being brought while continuing to hold the contract parties accountable.

“Waka Kotahi requires contractual obligations to be met by contractor Wellington Gateway Partnership (WGP) and its construction sub-contractor CPBHEB JV.

“There is disagreement about the outstanding work and the standards required to be met for the project to be finished in accordance with the contract.”

Georgina Campbell is a Wellington-based reporter who has a particular interest in local government, transport, and seismic issues. She joined the Herald in 2019 after working as a broadcast journalist.