Road toll opponent loses latest round in battle over fees

Photo / Brett Phibbs

An outspoken opponent of road tolls such as on the highway north of Orewa has lost his latest appeal over unpaid fees.

In 2012, retired lawyer Dr Hans Grueber, 72, lost a defended hearing at North Shore District Court on four charges of evading tolls. He then appealed against the decision to the High Court. The essence of Grueber's argument, both in the District Court and in the High Court, was that he was not liable to pay the toll because it had not been lawfully imposed.

Before his High Court appeal was heard, Grueber sought the disclosure of information the Transport Agency relied on in setting up the tolling scheme in 2009. The disclosure request was heard first at the District Court, where it was refused, and then after an appeal, in the High Court at Auckland last year.

At the hearing, Grueber told Justice Patricia Courtney that the consultation process on which the Transport Agency relied for obtaining an Order-in-Council for the toll road between Orewa and Puhoi was flawed by incorrect information gaining support from a community unaffected by the scheme.

Grueber's High Court appeal was also dismissed, prompting an appeal to the Court of Appeal.

That appeal was also refused, but Grueber applied again, this time for special leave under the Summary Proceedings Act. In the decision released yesterday, Court of Appeal Justice Alan MacKenzie said: "There is no obvious reason why an application under the Official Information Act 1982 would not enable Grueber to obtain the documentation and information which he seeks to advance his case," and dismissed the appeal.