A senior official at the Ministry of Health was one of four complainants who have taken Wellington City Council to court over its rainbow crossing on Cuba Street.

Director of Pacific Health Dr Avataeao Junior Ulu took part in the court action “in a private capacity”, the ministry said this afternoon.

A judicial review was held earlier this week in the High Court over whether the crossing complied with the law, with the applicants’ lawyer saying the case was about safety.

However, after 1News contacted the Ministry today about Ulu’s involvement, a statement swiftly followed to say he had withdrawn from the case.

Deputy Director-General, Public Health Agency, Andrew Old said in that statement: “Dr Ulu has also confirmed that from the start he made clear to the lawyer involved that his support for the court action was solely based on safety concerns. He has now withdrawn from the court action to counter the potential for his actions being misinterpreted.

“Dr Ulu took part in the court action in a private capacity and informed the Ministry of Health about his involvement once the potential for misinterpretation became clear.”

The statement also said Ulu was a supporter of the rainbow community.

Old said Ulu was “a respected member of staff who has worked closely with the community, including the fa’afafine community, as part of his work in health”.

Minister of Health Simeon Brown, asked about the case today, said: “Public servants have a code which they have to operate within. I’m advised that he was doing this in his personal capacity not as an employee of the Ministry of Health.”

Ulu was closely connected to Destiny Church.

In 2020 Ulu appeared in a social media video for Destiny Church Wellington about its “inside out” programme, advertising classes that members of the public could join at their church.

More recently in 2024, Ulu was advertised as speaking at one of the church’s “Man Up” programmes.

Last year, the church and its leader Brian Tamaki claimed credit for the defacing of rainbow crossings in Auckland and Gisborne.

The applicants’ lawyer Mai Chen was reported by the NZ Herald this week as saying: “The only issue here is whether what happened in this case compromised road safety and contravened the requirements of safety legislation. That is what this case is about.”

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