Electric scooter judicial review hearing to begin on Monday

Almost 4 years to the day since the New Zealand Transport Agency (NZTA) published a notice in the Gazette[1] declaring that electric scooters meeting certain criteria were not motor vehicles, a hearing will take place in the High Court[2] in Auckland, from Monday (19/9/2022), to determine the legality of this notice.

Living Streets Aotearoa (LSA) is bringing judicial review proceedings against NZTA over the agency’s allegations:

  • mistakenly believing that electric scooters would meet the criteria set out in the Notice,
  • failure to consult despite ministerial promises and obligations under the UN Convention on the Rights of Persons with Disabilities, and
  • failure to take into account mandatory elements during the declaration.

LSA Executive Member Dr Chris Teo-Sherrell said: “LSA regrets it has come to this, but all of our efforts have failed to secure trails free from the dangers of e-scooters riding and left on it.”

“Too many users show no regard for pedestrians and yet businesses, councils and the police don’t seem to care. That’s not what a safe transport system should be.”

“We have engaged with e-scooter companies, councils and central government and all have put the interests of companies and e-scooter users ahead of pedestrians, including children, the elderly and pedestrians. handicapped.”

“We put forward suggestions as to how the worst effects of electric scooters could be mitigated and these were rejected, so we had no choice but to proceed with judicial review.”

LSA is represented by Messrs Browne and Young of Wilson Harle attorneys. The hearing is expected to last two days.

[1] See https://gazette.govt.nz/notice/id/2018-au4674


Court contact details:

Venue: Courtroom 8

Address: 24 Waterloo Quadrant, corner Waterloo Quadrant and Parliament St, Auckland

Judge: Judge Lang.

Masks must be worn if requested by His Honor.

Case manager: Hosanna Tanielu, 09-351-4691 xt.69691

Wheelchair access is available at the main entrance and most courtrooms. Disabled parking is available at Parliament St.

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