Wellington Civic Trust v Wellington City Council - [2025] NZHC 2522

Date of Judgment

01 September 2025

Decision

Wellington Civic Trust v Wellington City Council (PDF 738 KB)

Summary

Judicial review application against the Wellington City Council in relation to the decision to demolish the City to Sea Bridge (the Bridge).  The Bridge extends over Jervois Quay in Wellington, connecting the waterfront to the Te Ngākau Civic Precinct (the Precinct).  The Wellington Civic Trust alleged that the Council’s decision-making committee: failed to identify and assess all reasonably practicable options regarding the future of the Bridge; made a mistake of law and/or fact in classifying the Bridge’s importance level for seismic assessment purposes; and failed to properly consult with the public.

Held: the Council was required to consider a number of factors, including the risks associated with seismic failure, on which it had expert advice, and the relationship between the Bridge and the development of the rest of the Precinct.  The Council made no errors in reaching its decision.  It had the reasonably practicable options before it and adequate information based on which to assess those options.  It had commissioned numerous engineering and expert reports and was properly briefed on and debated the relevant issues.  In particular, it considered the possibility of delaying its decision to allow further information to be obtained and other options developed, but ultimately rejected that proposal.  The public consultation process also met the statutory requirements of the Local Government Act 2002 in the circumstances. 

The application for judicial review is declined.