High Court Ruling on Traffic Calming Measures
High Court Ruling on Traffic Calming Measures
Thursday 28 August, 2025
A self-represented law student has had success in the High Court over a raised pedestrian crossing and speed humps installed on a beachside street, but his victory may prove to be academic. Auckland Transport (AT) was found to have acted beyond its statutory powers in a case which highlights the legal intricacies of road infrastructure law, as well as the importance of actively considering all relevant factors when making decisions.
Mr O’Loughlin brought judicial review proceedings alleging that AT had predetermined its decision to install the traffic calming measures and that it had breached the duty to act consistently by consulting only with a local residents’ association when the project was modified.
The Local Government Act 1974 empowers councils to construct facilities on roads for the safety, health or convenience of the public so long as they consider that the facilities will not unduly impede vehicular traffic using the road. The resolutions of the Traffic Control Committee (which was acting under a delegation from AT) stated that its opinion was that the controls would not unduly impede vehicular traffic. However, the reports which the committee considered addressed the safety reasons for the proposed works but not the likely impact on vehicular traffic and whether or not that impact was undue. Accordingly, the Court considered that the committee had failed to form the opinion which was a statutory pre-requisite to the exercise of its power. The exercise of that power was therefore unlawful.
There had been public consultation on the original proposal. Following an internal review of raised pedestrian crossing projects, the proposed works were scaled back. Mr O’Loughlin also argued that meeting only with a local residents’ association about the amended proposal was a breach of a duty to act consistently. The Court was not persuaded that there was a duty to engage with anyone (including the local residents association) and therefore there was no breach of a duty to act consistently.
Mr O’Loughlin had asked the Court for declaration “reversing” the raised crossing and speed humps. Instead, the Court directed AT to reconsider and determined whether it should have installed the works, and to genuinely address whether they unduly impede vehicular traffic. The Judge commented on the possibility that upon genuinely addressing that question, AT could rationally come to the view that the works do not unduly impede traffic. This means that there is a real chance that they could remain in place for the long-term.
This case highlights something of a mismatch in the law relating to roads. When road-controlling authorities (RCAs) make bylaws setting maximum speeds on local roads under the Land Transport Act 1998, they do so on the basis of public safety. There is no requirement to consider the impact on vehicular traffic. Sometimes, a posted speed limit is not enough to manage speed, and RCAs have crash-data evidence of excessive speed causing crashes on a particular road, as AT did in this case. However, RCAs can only install traffic calming measures to manage excessive speed if they positively believe that the impact of those measures would not unduly impede vehicular traffic.
This case may also represent a missed opportunity. The raised pedestrian crossing and speed humps could have been installed under the Land Transport Rule: Street Layouts 2023. The Street Layouts Rule allows RCAs to install street layout changes on a pilot basis, and expressly includes traffic calming devices. There is no need to come to a view that the changes would not unduly impede vehicular traffic. A pilot under the Street Layout Rule can last for two years. Once that time is up, the RCA would then need to decide whether to return the road to its previous state or make the changes permanent.
If you would like advice on the implications of this decision or on planned roading improvements, including pilot projects, we would be happy to assist. Please get in touch with one of our experts below.
