Almost 4 years to the day since the New Zealand Transport Agency (NZTA) issued a Gazette Notice[1] declaring e-scooters that met certain criteria were not motor vehicles, a hearing will be held in the High Court[2] in Auckland, starting on Monday (19/9/2022), to determine the legality of that Notice.

Living Streets Aotearoa (LSA) is taking judicial review proceedings against NZTA for the agency's alleged:

• error in believing that e-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 mandatory matters into account when making the declaration.

LSA executive member Dr. Chris Teo-Sherrell says "LSA regrets that it has come to this but all our efforts have failed to secure footpaths that are free from the hazards caused by e-scooters being ridden and left on them."

"Too many users show no consideration for pedestrians and yet the companies, Councils and Police seem not to care. This is not what a safe transport system should be about."

"We have engaged with the e-scooter companies, councils and central government and all have put the interests of the companies and e-scooter users before those of pedestrians including ahead of children, the elderly and disabled pedestrians."

"We have put forth suggestions on how the worst effects of e-scooters could be mitigated and these have been rejected. So we have been left with no option but to proceed with the judicial review."

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

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

[2] Court details:

Location: Court Room 8

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

Judge: Justice Lang.

Masks must be worn if His Honour directs.

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

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

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