• Wellington’s Cuba St rainbow crossing was painted in October 2018, after the city council sought to make the city “more deliberately LGBTQI-friendly”.
• Last month a group took a judicial review challenging the legality and safety of the crossing but were adamant the case wasn’t about diversity.
• Those behind the court action say they don’t want the crossing removed, just changed to comply with the law.

Wellington’s controversial rainbow crossing on Cuba St can stay as it is.

In a just-released decision, Justice Jason McHerron has concluded the rainbow crossing at the junction of Dixon St and Cuba Mall was lawful in 2018 and is not contrary to the rules governing road markings and traffic control devices.

He found a 2020 amendment to the rules had no bearing on the original decision, as there was no suggestion the amendments were designed to be retrospective.

Last month, a group of concerned citizens challenging the legality and safety of the crossing took a judicial review to the High Court against the Wellington City Council and the Transport Agency. It related to the WCC’s installation and maintenance of the colourful paint strips commonly known as the “rainbow crossing” on Dixon St.

The group argued it was a safety risk, as it resembled a zebra crossing, was located on a road where many vehicles exceed 30km/h, and was likely to mislead or confuse drivers and pedestrians.

This was despite the court hearing there have been no accidents or deaths at the crossing, despite an estimated 500 cars using it each day.

The group claimed the crossing breached the Land Transport Rule and sought to overturn a 2021 declaration by the Director of Land Transport that the crossing did not contravene the rule.

It also sought a declaration that NZTA be asked to reconsider the 2021 determination, taking into account the court’s determinations.

Justice McHerron ruled the rainbow markings served a purpose connected with the use of the road, and the additional purpose of supporting and celebrating LBGTQIA+ pride and did not compromise safety.

Having regard to the additional safety features such as speed cushions, and a report by Stantec New Zealand, which highlighted there was a “high level” of safety at the location, he concluded the rainbow crossing did not resemble a Zebra crossing, nor did it mislead road users about its meaning.

He dismissed the application.

Who’s behind the court action?

The group that took the judicial review originally comprised Avataeao (AJ) Ulu, Phillipa Ulu, Deanna Merania Roa, Don Grant Tainui Roa and Lynesoa Tuiqere.

But the decision lists only three applicants, Deanna Merania Roa, Don Grant Tainui Roa and Lyneosa Tuiqere.

Deanna Roa stood as a candidate for Vision New Zealand at the 2023 general election. The party’s leader, Hannah Tamaki, is the wife of Destiny Church leader Brian Tamaki.

Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.