By WAYNE THOMPSON
A Christmas-holiday traffic blockage at Orewa has been averted by a court order which allows use of a local link road for 10 more months.
The existing resource consent allowing light vehicles to use the link between Orewa and the end of Auckland's Northern Motorway was to have expired on New Year's Eve - in the middle of summer holiday traffic jams in and around Orewa.
The consent stemmed from an Environment Court decision in 1997 permitting temporary use of the road until the rest of the motorway was built through to Puhoi.
At the time, the motorway link was due to be opened at the end of this year.
But the work has not started and Transit New Zealand says it cannot until the 2006-2007 construction season - and that depends on the route becoming a toll road and finance being available.
The delay has upset highway users, Orewa residents and property developers, as well as residents along the highway at Silverdale, which is the detour for all northern truck traffic.
It raised the prospect of the link road being closed for the Christmas holidays, when traffic is often banked up for 5km north.
In March, Transit asked the Environment Court for an extension to 2010.
The Rodney District Council sought an extension to 2007.
Property developers Cabra Holdings, Hopper developments and an Orewa subdivision asked for a four-year extension, providing work started immediately.
The Silverdale Business and Residents Association wanted the link road closed on December 31 this year if the motorway could not be built by 2010.
But in a reserved decision, Judge Laurence Newhook said circumstances beyond Transit's control prevented the motorway extension's being ready by the end of the month.
The effects of closing the link and re-routing traffic through Silverdale and Orewa would become greater year by year, he said.
Granting a short extension to November next year meant Transit would keep the court informed on the chances of the motorway being built.
If that seemed unlikely in the next few years, then other plans could be made for facing up to and dealing with the inevitable.
Judge Newhook said the court could not direct Transit, Transfund or the Government to allocate and spend funds on completing the motorway.
But it could grant a short extension.
In so doing, he wanted to avoid creating the impression that further extensions may be assumed.
Sir Ross Jansen, for the Rodney Economic Development Trust, said last night the decision was as good as one could expect.
He thought Transit "was really pushing it" by claiming the road was not built because of circumstances beyond its control.
It was good that the court was asking Transit to tell it by the middle of next year that it had things under control, access to money and the necessary consents, land, design plans and was ready to go.
"We are not disappointed with the ruling," said Ian Boocock of Cabra Holdings.
The court seemed to be taking a hands-on approach to managing progress and indicating it would close the link sooner or later.
The community, too, would be be watching closely.
Silverdale resident Murray Sampson said the judge was putting Transit on probation for 10 months and that was a good thing.
Closing the link would cause major problems for the community and it needed to know as soon as possible in order to adjust.
Transit and the Rodney District Council invited the court to give a year's extension and for the hearing to be reconvened mid-year.
The council offered hopes for an earlier start than 2006-2007.
It said it was exploring various funding arrangements.
The council said that would not necessarily mean tolls, but included grants and national and regional funds.
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