Basin Reserve flyover and Government
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Sore Losers: Nick Smith and the Government Water Down the Environmental Legal Assistance Fund
- Save the Basin Reserve!
- The rules of the Ministry for the Environment’s Environmental Legal Assistance Fund, which groups including Save the Basin have used to help fund legal challenges to infrastructure projects, have now been changed so that such applications can be arbitrarily declined, by: The inclusion of a new criterion to consider whether providing ELA funding to the applicant for its involvement in the legal proceedings, will contribute to impeding or delaying the ability of people and communities to provide for their social, economic and cultural well-being in relation to important needs, including employment, housing and infrastructure. I was rung by a Stuff journalist about this and responded on behalf of Save the Basin: https://www.stuff.co.nz/national/politics/94323541/quiet-change-to-public-fund-for-environmental-legal-challenges A subsequent exchange in Question Time (see below) makes it very clear that Nick Smith had the Government’s Basin Reserve flyover defeat in mind when he made this move. Nick Smith and the Government appear to think that fits of pique make good public policy. We beg to differ. Question Time 9. EUGENIE SAGE (Green) to the Minister for the Environment: By how much has annual funding for the Environmental Legal Assistance Fund been cut since 2013/14? Hon Dr NICK SMITH (Minister for the Environment): The budget this year is $600,000 per year, as it was last year and the year before. For the 4 years prior to that the budget was $800,000 per year but was repeatedly underspent. The spend in 2013-14 was $555,000, and the average actual spend was $520,000. As much as I like the Minister of Finance, I do not like under-spending my vote so I reduced the budget in 2015-16 and transferred it to increased support for collaborative processes. This is also consistent with our blue-green philosophy of supporting people to find solutions rather than spending it on legal aid to fight disputes. Eugenie Sage: Can he confirm that he created a new criterion for the fund recently so that community groups wanting to challenge council decisions in the courts are likely to be denied funding if their case might “impede or delay” a development project? Hon Dr NICK SMITH: Yes, I have changed the criteria. A new consideration is the issue of housing and infrastructure. The Government makes no apologies for making it harder for groups to get Government money to stop houses and infrastructure from being built. It does not prevent funding being provided in those sorts of cases, but it requires the panel to give consideration to the broader public interest. It simply does not make sense for the Government to be using public money to stop transport projects being built and stop houses being built with legal aid funding. Eugenie Sage: Does he believe that Forest & Bird would have received funding to mount a legal challenge to Bathurst Resources’ proposed coalmine on the Denniston plateau if this new criterion had been in place? Hon Dr NICK SMITH: There is an independent panel that makes the decisions on the issue of the legal aid. What I have added to the criteria is that, alongside the environmental things, issues like infrastructure, jobs, and housing have to be a consideration. But it still will be an independent consideration for the panel. Eugenie Sage: Can he confirm that last year he gave himself the power to decide which cases and which community groups would get environmental legal aid, stripping this power away from the Ministry for the Environment’s chief executive? Hon Dr NICK SMITH: Each year Ministers make a decision about the level of delegations. In this particular case, I decided not to delegate to the Ministry for the Environment, albeit I note that I followed the panel’s advice in every case. In the event that I do not follow the panel’s advice it will be a matter of open public record. Eugenie Sage: Why will he not just own the fact that his Government is trying to stop legal challenges that might impede environmentally destructive development, like the coalmine on the Denniston plateau, the Ruataniwha Dam, and the Basin Reserve flyover? Hon Dr NICK SMITH: I know of many Wellingtonians who would be concerned that the Government was spending money on stopping roading through to the airport being constructed with legal aid funds. So the Government has deliberately put into the environmental legal aid criteria that the panel needs to consider issues like infrastructure and housing. To quote the Minister for Infrastructure: “We are the infrastructure Government.”, and we want to see New Zealanders being able to get around and have a roof over their heads.9. EUGENIE SAGE (Green) to the Minister for the Environment: By how much has annual funding for the Environmental Legal Assistance Fund been cut since 2013/14? Hon Dr NICK SMITH (Minister for the Environment): The budget this year is $600,000 per year, as it was last year and the year before. For the 4 years prior to that the budget was $800,000 per year but was repeatedly underspent. The spend in 2013-14 was $555,000, and the average actual spend was $520,000. As much as I like the Minister of Finance, I do not like under-spending my vote so I reduced the budget in 2015-16 and transferred it to increased support for collaborative processes. This is also consistent with our blue-green philosophy of supporting people to find solutions rather than spending it on legal aid to fight disputes. Eugenie Sage: Can he confirm that he created a new criterion for the fund recently so that community groups wanting to challenge council decisions in the courts are likely to be denied funding if their case might “impede or delay” a development project? Hon Dr NICK SMITH: Yes, I have changed the criteria. A new consideration is the issue of housing and infrastructure. The Government makes no apologies for making it harder for groups to get Government money to stop houses and infrastructure from being built. It does not prevent funding being provided in those sorts of cases, but it requires the panel to give consideration to the broader public interest. It simply does not make sense for the Government to be using public money to stop transport projects being built and stop houses being built with legal aid funding. Eugenie Sage: Does he believe that Forest & Bird would have received funding to mount a legal challenge to Bathurst Resources’ proposed coalmine on the Denniston plateau if this new criterion had been in place? Hon Dr NICK SMITH: There is an independent panel that makes the decisions on the issue of the legal aid. What I have added to the criteria is that, alongside the environmental things, issues like infrastructure, jobs, and housing have to be a consideration. But it still will be an independent consideration for the panel. Eugenie Sage: Can he confirm that last year he gave himself the power to decide which cases and which community groups would get environmental legal aid, stripping this power away from the Ministry for the Environment’s chief executive? Hon Dr NICK SMITH: Each year Ministers make a decision about the level of delegations. In this particular case, I decided not to delegate to the Ministry for the Environment, albeit I note that I followed the panel’s advice in every case. In the event that I do not follow the panel’s advice it will be a matter of open public record. Eugenie Sage: Why will he not just own the fact that his Government is trying to stop legal challenges that might impede environmentally destructive development, like the coalmine on the Denniston plateau, the Ruataniwha Dam, and the Basin Reserve flyover? Hon Dr NICK SMITH: I know of many Wellingtonians who would be concerned that the Government was spending money on stopping roading through to the airport being constructed with legal aid funds. So the Government has deliberately put into the environmental legal aid criteria that the panel needs to consider issues like infrastructure and housing. To quote the Minister for Infrastructure: “We are the infrastructure Government.”, and we want to see New Zealanders being able to get around and have a roof over their heads.
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Wellington International Airport, Coutts Street, Rongotai, Wellington, Wellington City, Wellington, 6023, New Zealand (OpenStreetMap)
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Blast from the past – Morrison’s pledge not to vote for a Basin flyover
- WCC Watch
- The good thing about the internet is that comments are hard to hide or make disappear. Just like this clanger from the 2010 debate around the Basin Reserve flyover: Not […]
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Candidates on the Basin Reserve Flyover
- WCC Watch
- The Save the Basin campaign have asked Wellington’s candidates for local body election (even District Health Board candidates) where they stand on the controvesial issue. Very poor response rate overall, […]
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Eagle on the case
- WCC Watch
- Southern Ward councillor Paul Eagle has pounced on the news in today’s Dom Post that the fly over may mean that KFC on Kent Terrace will have to move. He […]
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Divided over the flyover
- Wellington Scoop
- The city council has voted in favour of a flyover at the Basin Reserve, in spite of the fact that the city continues to be deeply divided over the issue. The vote, by 7 to 6, is a disappointment for Mayor Celia Wade-Brown, who has argued against the flyover since she successfully campaigned for the mayoralty against the pro-flyover mayor Kerry Prendergast. It was a narrow win, and for a while the new council had a one-vote majority against the flyover. But then Andy Foster changed sides.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Basin flyover an iconic structure opportunity
- WCC Watch
- Like it or not, the recent announcements by the Government mean the Basin Reserve flyover will be happening and what we now need to do is shift our thinking towards what it looks like.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Flyover vote
- Eye of the Fish
- Later today the Council will vote on their support of the flyover. Related to this, an interesting tidbit came out yesterday and almost slipped me by: “Steps to move state highway traffic off Vivian St are among measures needed to ease the impact of a Basin Reserve flyover, Wellington City Council says.” Holy-moly. That’s new. Up until now some Councilors have been willing to admit privately that the way the Ngauranga to Airport “strategy” completely ignores Vivien Street is absurd. But the Council in an official capacity has, as far as I know, never said anything to this effect before.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Response to WCC evaluation
- Architectural Centre Inc
- The WCC has issued a report which evaluates Alternatives to the NZTA’s proposal for a flyover at the Basin. Download a PDF to read our response to the WCC report. Arch-Centre_Response to WCC report
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Thursday’s flyover vote: the best interests of the coolest little capital
- Wellington Scoop
- I’ve been told that a couple of the Wellington city councillors who opposed the flyover in December may be thinking of switching sides. We won’t know till Thursday’s meeting. But it would be a negative result for the city if any of the eight are giving up.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Fran versus Celia: flyover tactics, closed minds, and a super bureaucracy
- Wellington Scoop
- The Transport Agency’s no-choice tactics to promote a Basin Reserve flyover have evidently appealed to Fran Wilde and her supporters on the regional council’s local-government-reform working party. The working party has come up with two options for local government reform – and they’re both for a super city. They’re no-choice options.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Mitigation
- Architectural Centre Inc
- In the case of the Basin Reserve flyover, the Wellington City Council has asked for further “mitigation” of the proposed Flyover (concrete bridge / Option A). For its part, NZTA has also promised some “mitigation” of the effects of the flyover, and says that they will focus on “mitigation” to ensure that the flyover is “integrated”. Trouble is, I’m not really sure that they are talking about the same thing.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Unaffordable? Yeah, right
- Wellington Scoop
- The Transport Agency and the like-minded analysts at the city council are telling us that anything other than a flyover is unaffordable at the Basin Reserve. Which is a reminder that the Agency insisted for years it couldn’t afford to put State Highway 1 into a tunnel under the National War Memorial Park. Then came a political decision, instructing the agency to move the highway underground. What had been unaffordable became affordable, in a flash.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Concrete jungle … naked concrete flyover
- Wellington Scoop
- On the same day that an overseas expert condemned Auckland for building a “concrete jungle” in its CBD, the Wellington City Council was told that it couldn’t do anything to stop the Transport Agency building a “naked concrete” flyover across a historic part of the city.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Not one flyover, but two of them
- Wellington Scoop
- There’s an added reason for Wellington city councillors to reaffirm their opposition to the Basin Reserve flyover today. While the Transport Agency’s current plan is to build one flyover carrying two lanes of west-bound traffic, it has an even worse idea for the future: a second flyover to carry traffic in the opposite direction.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Fighting the flyover: a second vote
- Wellington Scoop
- The Wellington City Council is this week having another of its “extraordinary” meetings. This one is crucial for the city’s urban design – councillors will be voting to confirm opposition to the flyover which the Transport Agency wants to build at the Basin Reserve.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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A second alternative to the flyover, and a change of heart by the Regional Council
- Wellington Scoop
- The game is changing for the debate about a flyover at the Basin Reserve. Not only because of the unexpected decision by the Regional Council to reconsider its controversial support of the flyover. But also because of the news that another professionally-designed plan exists to solve traffic problems without the need for a 380-metre long bridge.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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What they’re saying about the flyover (including Fran’s refusal to mention it)
- Wellington Scoop
- The Transport Agency’s stubborn decision to build a concrete bridge on the northern side of the Basin Reserve has brought a mass of criticism from Wellingtonians. Among the few expressions of support, a statement from Regional Council chair Fran Wilde in which she praises the proposal without mentioning the flyover.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Getting it as right as we can
- Wellington Scoop
- One of the interesting aspects of Wellington.Scoop’s ‘getting it right’ debate about local government reform for the Wellington region is that the choices are not clear cut, whatever the values that dominate one’s approach.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Shame on the Regional Council – it supports the flyover, but seems unhappy with its decision
- Wellington Scoop
- After a process that didn’t seem to satisfy anyone except Fran Wilde, the Regional Council will tell the NZ Transport Agency that it supports a 380-metre concrete bridge from the Mt Victoria Tunnel alongside the Basin Reserve to the Tory Street traffic lights.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Regional Council gets a second chance to oppose the cheap roading option
- Wellington Scoop
- Tuesday is the day when the Greater Wellington Regional Council has a second chance to oppose the damage that would be caused by building a cheap flyover alongside the Basin Reserve.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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The flyover gets debated again, this time by regional councillors
- Wellington Scoop
- Almost 20 years ago, when Fran Wilde was Mayor, the Wellington City Council allowed a supermarket to be built in a priceless viewshaft at the northern end of Cambridge Terrace. Almost 20 years later, the Wellington Regional Council (with Fran Wilde as chair) has supported a proposal which will cause an equal amount of damage at the opposite end of the wide boulevard.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Option X is affordable
- Wellington Scoop
- I hope the Wellington City Council doesn’t give up on its efforts to get the roading improvements that are best for the city, in spite of the government’s short-sighted attitude towards tunnels. Even the Transport Agency accepts the benefits of Option X, as councillors discovered at Tuesday’s briefing.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Wellington Says No To NZTA Option
- Auckland Trains
- The Government knows best when it comes to this country’s transport needs and what motorways we need.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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The dubious transport solution for Wellington: the cheapest option
- Wellington Scoop
- Wellington city councillors were told yesterday that the government will not pay for Option X. What would be best for the city is not acceptable for the politicians. They want the cheapest possible deal. Not that the government delivered this decision directly. The information emerged at a briefing meeting, almost as a throwaway line, in response to a question from a councillor who asked: “In terms of funding for Option X, what are the chances of the government fronting up with the extra money?”
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Basin Reserve flyover: councillors being advised to accept the unacceptable
- Wellington Scoop
- Wellington City Councillors have been told that a flyover alongside the Basin Reserve will have seriously significant negative consequences. Yet they’re being advised to shrug off these problems, and to support the flyover rather than Option X which doesn’t require an elevated road. Councillors should not agree to this bad advice.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Basin flyover: the mayor opposes it, but what about the councillors?
- Wellington Scoop
- As Mayor Celia Wade-Brown continues her opposition to the Basin Reserve flyover, it’s sad that so few Wellington city councillors are showing similar concern. It’s equally lamentable that councillors aren’t protesting at the lack of democracy in the the planning process.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Why are Labour's councillors doing Steven Joyce's dirty work?
- Save the Basin Reserve!
- The two Labour councillors on the Wellington City Council, Paul Eagle (Southern Ward) and Leonie Gill (Eastern Ward) enthusiastically got in behind to kowtow to the NZ Transport Agency's demands, and were firm backers of last week's extraordinary Council meeting. The purpose of the meeting was to do one thing, and one thing only - to make sure the Wellington City Council was lined up solidly behind Joyce's roading vision, whilst embarrassing a Mayor who had campaigned on better public transport. Joyce must have had a huge laugh watching these Labour patsies doing his dirty work.
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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Wellington Motorway Decision Uproar
- Auckland Trains
- The issue of Wellington’s future motorway development is getting hotter. The new Mayor is not a big fan of a flyover near the Basin reserve but a group of her councillors are. Following reports some in the NZTA were getting unsettled about the Mayor’s failure to commit to their plans, the councillors have forced through a special meeting on Wednesday for the council to make a call.
- Submitted by tonytw1
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Basin Reserve, Dufferin Street, Mount Victoria, Wellington, Wellington City, Wellington, 6021, New Zealand (OpenStreetMap)
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