Queen St roadworks causing 'economic harm' to Auckland businesses, court hears

Wednesday, 5 May 2021

Mayor Phil Goff says most people who had their say about the Queen St redesign were in favour of the changes.

A High Court judge has reserved his decision on whether to grant an interim injunction to halt Auckland Council’s planned Queen St upgrade, which is due to begin on Monday.

A business and landlord grouping calling itself Save Queen sought an interim injunction to halt the works, which it fears will cause economic harm to an already struggling retail strip.

Justice Geoffrey Venning told Save Queen and the council’s lawyers he hopes to make a decision by the end of Thursday.

The council intends to improve pedestrian spaces between Shortland and Customs streets, limiting traffic to a single lane each way with bus priority in the evening peak.

An artist’s impression of the lower end of Auckland's Queen St, which will be upgraded later in 2021.

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Save Queen’s lawyer Sam Lowery said the $1.1 million pilot of a more pedestrian-friendly environment is a part of disruptive work that could last five years, at a time when businesses are struggling.

Businesses have been hit by the absence of foreign tourists and overseas students, and from more office staff working from home, the court heard.

Lowery told the High Court foot traffic is down 40 per cent or more and 90 of 345 retail shopfronts are empty, and part of the problem is the council’s treatment of the street over the past year.

“The current arrangement of the street has caused economic harm – business are up against it,” he told the court.

Save Queen said there is poor access for delivery vehicles, and said emergency vehicles could get stuck behind buses at stops.

A billboard campaign by the SaveQueen business lobby on site at council-owned Ports of Auckland.

Lowery told the court the council had done little in Queen St over the past year, and questioned why there was urgency to start next week, suggesting it was linked to funding from Waka Kotahi – New Zealand Transport Agency.

The council’s lawyer Padraig McNamara said given Save Queen wanted to stop the improvements to the 2020 “emergency works”, its injunction bid was “counter-intuitive.”

Auckland’s Queen St foot traffic is down 40 per cent on pre-Covid-19 levels. (File photo)

The [council’s] Access for Everyone programme is not challenged, the goal to make Queen St more pedestrian friendly is not challenged – the issue is how,” he said.

“The procedure seeks to prevent the council testing that ‘how’ and giving the pilot a good chance of success, and making some changes to the emergency works.”

McNamara said most of Save Queen’s evidence related to vehicle movements, and not the impact of the proposed upgrade on pedestrians.

Wednesday’s court hearing followed three days of discussion between senior Auckland Council and Auckland Transport officials and Save Queen.

The lobby group was formed in October 2020 by landlord and property developer Andrew Krukziener.

The council is continuing public consultation on its plan until the weekend.

Goff told Stuff on Thursday that Save Queen should not have a disproportionate say on the project.

“We are very conscious that this is just one group, and this is not a bilateral discussion simply between Auckland Council and Auckland Transport, with that one group,” he said.

“God and the judge and the court permitting, the work will start on time [on Monday].”