4 Nov 2014

Fight against motorway toll in court

3:39 pm on 4 November 2014

The High Court has reserved its decision on a man's legal fight over his refusal to pay tolls on Auckland's Northern Gateway motorway.

Hans Grueber is defending four charges of failing or refusing to pay a toll for using the 7.5km route north of Auckland.

Mr Grueber said he should not have to pay because, in his view, the construction of the road contravenes the Land Transport Management Act and the tolls are therefore illegal.

He maintains the Transport Agency's consultation period after the toll road was proposed was a farce, as it had decided on the outcome from the outset.

Mr Grueber has said the most cost-efficient way of paying for expensive new roads is through petrol taxes.

However, a lawyer for the New Zealand Transport Agency said it is the manager and enforcer of the toll road - not the road builder - and Mr Grueber should look at pursuing a judicial review into the relevant minister's decision-making process if he wants to prove that the toll road is illegal.

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