Wellington City Council wins legal battle over cycleway outside New World

An artist's impression of the yet-to-be-built cycleway on Molesworth St. Photo / Wellington City Council

The Wellington High Court has dismissed a judicial review application by supermarket giant Foodstuffs over a cycleway planned outside New World on Molesworth St.

The cycleway, signed off by the council but yet to be constructed, is to be situated on the right side of Molesworth St, just 200m from Parliament and the High Court itself.

The street contains two lanes of one-way traffic – a left-hand lane that turns onto the State Highway 1 on-ramp, and a right-hand lane that eventually converges with Tinakori Rd.

New World’s main entrance is off the right-hand lane, where the cycleway is planned. It makes up part of the council’s Paneke Pōneke plan, expanding the existing 23km of cycleways across the capital to 166km.

Foodstuffs claimed the council’s decision-making process did not consider alternative routes which would avoid conflict between cyclists and vehicles.

The company also argued the council should have considered installing the cycleway on the other side of the street where it will pass the supermarket, and that the council did not consult properly.

Wellington City Council argued multiple options were considered including protected cycle lanes in each direction, and a cycle lane on Molesworth St only, not on Murphy St as well.

The final route was chosen because it avoided conflict with high speed on offramps, avoided bus stops and provided improved cycle activity, the council said.

In his decision, Justice David Johnstone said the council undertook an appropriately targeted and responsive programme of consultation, including specifically with Foodstuffs.

In court, both parties presented expert evidence on whether right-sided cycleways by the supermarket’s vehicle access points were safe.

“Having considered that material, I do not regard it as exposing irrational views on either side”, Johnstone said.

“In the context of judicial review proceedings, it does not require further discussion, except to say that in my view the council’s right-side choice was very far from being a decision that no reasonable local authority could have reached.”

A Foodstuffs spokesperson said they were naturally disappointed with the outcome of the judicial review.

“Our motivation has always been to ensure appropriate safety measures are taken into consideration by the council and its vital to get this right to ensure the best outcome for our customers and cyclists.

“We’re respectful of the decision and having a safe and accessible cycling infrastructure for the community is something we support.”

Wellington City Council chief planning officer Liam Hodgetts said the council has consistently placed a strong focus on good processes for delivering the cycleway network.

“We remain committed to listening to and addressing business and community needs.”

This is not the first time the council has faced a legal challenge over the rollout of its new cycleway network.

In 2022, the High Court granted an interim injunction over the Newtown cycleway, halting construction until a full judicial review hearing was heard.

The case was led by a group of Wellington business owners.

Myles Gazley, of Gazley Motors, said they supported cycleways but were deeply concerned about the lack of consultation on such a significant project.

“This is an attempt at change by stealth,” Gazley said at the time.

The case ended up being settled outside court.

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.