Auckland’s East West Link ordered back to the starting blocks

Monday, 15 April 2024

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The East West Link road project in Auckland has more hurdles to overcome, with the release of a Supreme Court decision on Thursday.

The court decided in favour of Forest and Bird, which appealed how the law had been applied when RMA (Resource Management Act) approvals were granted for the project.

What is the East West Link?

It’s a proposed four-lane, arterial road to connect State Highway 20 in Onehunga with SH1 in Penrose. It would run from Māngere Bridge, along the shore of the Manukau Harbour, through an area known as the Māngere Inlet, and then head north-east to join the motorway.

The East West Link is on the current Government’s priority list of National Roads of Significance (RONS).

However, the proposal’s been around since the previous National government championed it in 2014, but was put on ice for funding by the Labour government in 2017.

In 2018, it was granted RMA (Resource Management Act) approvals to go ahead, and it’s those decisions which were challenged in the High Court, and now the Supreme Court.

What’s the issue with the road?

An artist impression of the original East West Link.

In its current design, the road will go through a unique lava flow habitat, which is the last stronghold for several indigenous volcanic plants, and in an area that is defined a Significant Ecological Area in the Auckland Unitary Plan.

It will also disturb coastal habitat used by rare birds.

How much will it cost to build?

The project was originally estimated to cost $1.25-1.85 billion, but is being re-evaluated.

Why does the decision matter?

The road is considered a key connecting route for Auckland.

The Court found that it will be difficult for a significant infrastructure project to go ahead when it has adverse effects on indigenous biodiversity in a protected area.

The Supreme Court has ordered that the Board Of Inquiry that granted RMA approvals for the project, go back and apply correct law to the facts they considered for those approvals.

Who’s involved?

NZ Transport Agency Waka Kotahi is steering the project.

An artist’s impression of a shared path that could be part of the East West Link, along Orpheus Drive near the Aotea Sea Scouts building, Onehunga.

Forest and Bird (Royal Forest and Bird Protection Society of New Zealand) and Ngāti Whātua Ōrākei Whai Maia Ltd appealed the RMA decisions in the High Court. Those appeals were dismissed, but Forest and Bird took its appeal to the Supreme Court.

What’s next?

An artistic impression of the East West Link around Onehunga.

Forest and Bird’s general counsel, Peter Anderson, said the future of the project, as it stands, is uncertain at best.

Anderson said the decision shows that areas have to be protected when they are provided for in planning documents.

“It’s really good news for the protected areas, those things are safer today than they were yesterday,” he said.

The project could potentially go through the coming fast-track process, “but it would be totally inappropriate to fast track it”.