A group connected with Destiny Church has lost its legal challenge against a rainbow crossing in Wellington.
The complainants originally took the Wellington City Council and Waka Kotahi to court over the rainbow crossing on Cuba Street, arguing it was a safety risk and in breach of road safety rules.
They claimed the rainbow crossing was confusing as it looked like a “zebra” pedestrian crossing when it wasn’t — the crossing was controlled by lights.
However, in a High Court decision released today, Justice Jason McHerron ruled there was no evidence that pedestrians were misled that they had an automatic right of way. In fact, he found the opposite was true.
He dismissed the claim.
Mayor Tory Whanau called the court decision a “Pride month victory” and said the city would press on with other initiatives to celebrate LGBTQIA+ pride and diversity.
“Today’s court ruling reaffirms Wellington’s Rainbow Crossing as a symbol of our city’s inclusive spirit, and is a victory for diversity and acceptance,” she said.
“The court decision also reinforces the message that our public spaces should reflect the diversity of our community. Yesterday, Wellington City Council voted unanimously to request officers to work with the Berhampore community to find a space to implement the trans flag as street art or a public mural. Leftover funds from the Berhampore town centre beautification project are to be used for this purpose.
“I’m committed to fostering a city where everyone feels welcome and valued, and proud to be Mayor of New Zealand’s rainbow capital.”
Councillor Rebecca Matthews posted to social media, saying “the sun is shining because Wellington City won our case against Destiny Church and keep our rainbow crossing”.
The High Court decision released on Friday was based on whether the crossing complied with the council’s “traffic control devices” rule on road markings.
The applicants focused on a 2020 version of the rule. However, the judge decided that the crossing was legal, based on the rule when it was installed in 2018 and the application was dismissed.
Wellington Councillor Rebecca Matthews celebrating the decision in a post on social media.
“Now more than ever we need governments who back our rainbow community,” she said.
Although it was not considered necessary to the final decision, the court also found the crossing complied with the 2020 amendment to the traffic control devices rule.
A senior official at the Ministry of Health was one of the original complainants.
However, Director of Pacific Health Dr Avataeao Junior Ulu, who was connected to Destiny Church and its Man Up programme, withdrew from the legal proceedings in February within hours of 1News inquiring with the ministry about it.
The ministry said Ulu withdrew from the court action when he realised his involvement could be “misinterpreted” and his only concern was road safety.
Members of Destiny Church have vandalised other rainbow crossings in Auckland and Gisborne.
The Cuba Street crossing was painted in 2018 as a celebration of Wellington’s rainbow community.