HAWKE’S BAY REGIONAL
COUNCIL
Regional Transport Committee
3 February
2022
Subject: Position on Waka Kotahi SH5 Speed Limit
Decision
Reason for Report
1. This item provides the
Committee with background information and the status of the decision by Waka
Kotahi to change the speed limit for a portion of State Highway 5 (SH5) to
inform a Committee decision on whether to take further action and what further action
can be taken.
Executive
Summary
2. Following Waka
Kotahi’s decision to reduce the speed limit to 80 km/h for a 90 km stretch of State
Highway 5 (effective 18
February 2022)
there has been considerable public backlash in relation to that decision. The basis
for the backlash appears to be the decision not having taken into account the
majority of submissions in opposition to the speed limit being reduced.
3. Amidst calls for action
from the Community, the Chair of the Regional Transport Committee called this
extraordinary meeting to enable the Committee to discuss and consider whether
to issue a position statement on behalf of the region, in opposition to the
Waka Kotahi decision.
Background
/Discussion
4. The setting of speed limits
is completed following the Land Transport Rule:
Setting of Speed Limits 2017 and the Speed Management Guide.
5. Following the Waka Kotahi
review, which included consultation from 12 April through to 6 June 2021, and
subsequent decision making process, the speed limit for the 90 km stretch
of SH5 between Eskdale and Rangitaiki will change from 100km/hr to 80km/hr. The
Gazette notice confirming the Waka Kotahi decision is attached.
6. Waka Kotahi notes a standard speed limit review
process,
normally involving the five stages of:
6.1. Speed review starts
(technical assessment)
6.2. Engagement (gain local
input and knowledge from stakeholders, etc)
6.3. Formal consultation
6.4. Notification of speed limit
change, and
6.5. New Speed limit on the
road.
7. In the SH5 Napier to
Taupō Speed Review: Summary of the Speed Review Consultation and
Engagement document (attached) Waka Kotahi notes “While
technical advice is an important part of speed reviews, local knowledge and
experience of using our roads is also vital to this process. We actively seek
input and feedback from our local government partners and other key
stakeholders to make sure any proposals make sense for their region. All
communities will have a chance to give their feedback on any proposed speed
limit changes in their area.”
8. However, the same document
also states “We decided to go directly to consultation due to the high
safety risks for the windy section of SH5. After we made this decision, we
spoke with key stakeholders including emergency services and council, before
launching formal consultation on Monday 12 April 2021.”
9. In the case of the SH5
process, the engagement stage (which is optional for Waka Kotahi) was not
undertaken. Staff understand that Waka Kotahi assessed the safety risk as high
and urgent and this was the basis of the decision to skip the engagement stage
(2), but we have not seen the documentation underlying that decision.
10. Waka Kotahi has a web page that includes public
information on their rationale and the process, including references and links
to supporting documents and legislation and guidelines. The primary driver
given for the accelerated process was the increase in crashes that had occurred
along the route.
11. A 2018 the New Zealand
Transport Agency (Waka Kotahi) Corridor management plan for Napier to Taupo had
noted a wide range of considerations for the route, including assessment of
safe and appropriate speed and investing in safety. In regard to investing in
safety, the 2018 report noted on page 32 that “There is significant
potential along the entire SH5 corridor to reduce fatal and serious injuries
through the implementation of targeted, low-medium cost improvements along the
corridor”.
12. The Committee should also
note that the ‘Stay Alive on 5’ campaign led by the Hawke’s
Bay road policing unit and supported by Hawke’s Bay Road Safety, has seen
focused attention on road policing and messaging along State Highway 5 and a
reduction in death and serious injury during the campaign.
13. As part of the consultation
stage undertaken by Waka Kotahi, Hastings District Council (HDC) requested
additional information from Waka Kotahi. This was primarily to get access
to the technical assessments that form the initial basis of the speed limit
setting process. An extension of time was also requested due to the wait to
obtain of information. The extension request was refused at that time. In the
time available, a review of the supporting information was completed and this
formed the basis of the submission made by HDC (attached). Subsequently, in
light of the incorrect travel time assessment used and noted in the initial
consultation document released by Waka Kotahi, the consultation period was
extended.
14. The HDC submission noted a
number of concerns with the process and inputs used in coming to the proposed
blanket limit. Following the decision making process Waka Kotahi has provided
their response (attached) back to HDC on the items raised in the submission.
15. HDC also have two
information requests (made on 22/12/21 and 23/12/21) with Waka Kotahi. One is
for details in regard to the investment on SH5 and one requesting information
in regards to the speed limit process and the supporting information. This
information may demonstrate that the earlier concerns / issues have been
covered, or not. At the time of writing this report no information has been
provided.
16. Waka Kotahi has committed
to a meeting between the technical specialists to go through the differences,
however this discussion is ultimately a post decision making process and will
have no effect on the decision made.
17. Waka Kotahi staff have
noted consistently that the speed setting decision has been made and that there
will be no reconsideration of this.
18. Hawke’s Bay Regional
Council officers have also requested legal advice to understand what avenues
the Regional Transport Committee may have available to review the consultation
and decision making process, and what options there may be to delay the
implementation whilst a review is considered.
19. On Friday 28 January 2022 a
meeting on SH5 was held between local Ministers of Parliament (Anna Lorck, Meka
Whaitiri, Stuart Nash), Waka Kotahi representatives, and a small group of
community spokespersons. The meeting provided an opportunity to discuss the
communities’ issues and concerns with the process, the appropriateness of
the proposal and the local effects it will have on households and
business. Waka Kotahi had the opportunity to respond. The outcome of the
meeting is that there is still disagreement on the speed decision, the
rationale, and the process (including poor (or non-existent) engagement with
Tangata Whenua). There was full agreement by all in attendance that the road
and the road users have suffered from years of under investment.
20. Waka Kotahi has also
committed to entering discussions regarding future investment planning for the
route. Given the significance of this critical connection for Hawke’s Bay
it should be an expectation that Waka Kotahi fully engages with the Regional
Transport Committee to ensure regional outcomes are fully considered, that
actions are appropriately prioritised and that the Committee has reporting that
monitors progress and emerging risks. The Ministers did note that funds had
been allocated to improve the road, but it was also noted that the vast
majority was still only flagged as ‘Probable’, including the $400k
of funding set aside in the 2021-22 financial year for the SH5 business case
work.
Options
Assessment
21. The Regional Transport
Committee has the option of either:
21.1. Taking no further action in
light of the activities of community groups to lobby Waka Kotahi and the
Government in opposition to the Decision made
21.2. Agree a position statement
to be submitted to Waka Kotahi for consideration.
Decision Making Process
22. Council and its committees
are required to make every decision in accordance with the requirements of the
Local Government Act 2002 (the Act). Staff have assessed the requirements in
relation to this item and have concluded:
22.1. The decision does not
significantly alter the service provision or affect a strategic asset, nor is
it inconsistent with an existing policy or plan.
22.2. The use of the special
consultative procedure is not prescribed by legislation.
22.3. The decision is not
significant under the criteria contained in Council’s adopted
Significance and Engagement Policy.
22.4. Given the nature and
significance of the issue to be considered and decided, and also the persons
likely to be affected by, or have an interest in the decisions made, Council
can exercise its discretion and make a decision without consulting directly
with the community or others
having an interest in the decision.
Recommendations
That the Regional Transport Committee:
1. Receives and considers the
“Position on Waka Kotahi SH5 Speed Limit Decision” staff
report.
2. Agrees that the decisions
to be made are not significant under the criteria contained in Council’s
adopted Significance and Engagement Policy, and that Council can exercise its
discretion and make decisions on this issue without conferring directly with
the community or persons likely to have an interest in the decision.
Either
3. Takes no further action at
this time
Or
4. Submits the following
position statement to Waka Kotahi in relation to the decision to lower the
speed limit for the 90 km stretch of SH5 between Eskdale and Rangitaiki
from 100km/hr to 80km/hr effective 18 February 2022:
4.1. The Hawke’s Bay
Regional Transport Committee … …
Authored by: Approved
by:
|
Craig Thew
HDC Group
Manager Assets
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Katrina Brunton
Group Manager Policy & Regulation
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Attachment/s
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1⇩
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Gazette Notice of Waka Kotahi
Decision 20 January 2022
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2⇩
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Waka Kotahi SH5 Speed Review
Consultation and Engagement Summary
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3⇩
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HDC State Highway Speed Limit
Submission to Waka Kotahi
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4⇩
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Waka Kotahi response to HDC
submission
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