Here is our submission about this, submitted to the NZTA today:
Consultation on lane use improvements - Spokes Dunedin
General comments
Spokes Dunedin supports these proposed rule changes overall. They are sensible, practical steps that better reflect how people already use streets and paths.
However, rule changes alone will not deliver a safer environment for active travel. They are being proposed in a broader transport context that has weakened support for walking and cycling. If the Government wants more people to walk, cycle, scoot, and use public transport, it also needs to fund safe infrastructure, support lower traffic speeds where appropriate, and invest in behaviour-change programmes.
Across all proposals, education and enforcement will be critical. Many drivers are still unaware of existing responsibilities around sharing the road and footpath environment safely. Without public education and visible enforcement, these reforms risk having limited real-world effect.
Proposal 1: Allowing children aged 12 years and under to ride bikes on footpaths
Spokes Dunedin supports this proposal.
This change would bring the rules more into line with reality. For many children, riding on the footpath is the safest and most practical option, particularly on busy urban roads. It would also allow cycle skills instructors to teach safe footpath riding and sharing behaviours openly and lawfully.
We also support allowing a parent, caregiver, or instructor accompanying a child to ride on the footpath as well. In practice, this is often the only realistic way to supervise children, model good behaviour, and help them safely manage crossings, driveways, and interactions with pedestrians. Supervising from the roadway is often impractical, especially where there is only a footpath on one side of the road or where traffic volumes make slow riding difficult and stressful.
Just as importantly, this proposal should acknowledge a wider reality: many adult cyclists already ride on footpaths because they consider the road environment too dangerous. That is common on busy roads, high-speed corridors, and routes without safe cycling infrastructure. While this proposal is focused on children, it highlights a broader problem — too many roads still feel unsafe for ordinary people on bikes.
That does not make footpaths an ideal place for routine cycling. They are not. Footpaths can be narrow, uneven, interrupted, and heavily used by pedestrians. They must remain safe and accessible for disabled people, older people, and others using them on foot. But this proposal should not be treated as a substitute for proper cycling infrastructure. The better long-term solution remains safe, separated cycleways and well-designed networks that reduce conflict between people walking and cycling.
Proposal 2: Introducing a minimum passing distance when drivers overtake other road users
Spokes Dunedin strongly supports this proposal.
This is the most significant proposal in the package. Close passes are intimidating, discourage people from cycling, and can directly cause crashes. A legal minimum passing distance would be an important improvement.
The distance needs to be both safe and easy to understand. We support a 1.5 metre minimum passing distance, and in our view it should apply on roads above the default urban speed limit of 50 km/h at the very least. There is also a strong case for applying 1.5 metres on all roads, simply because a single, clear rule would be easier for drivers to remember and follow.
We are concerned that a threshold of “faster than 60 km/h” is too high in practice, as it would generally mean the 1.5 metre rule only applied on roads posted at 70 km/h or above. A 1 metre gap leaves too little room for rider movement, road hazards, driver error, or differing interpretations of where the gap is measured from.
This proposal should also reinforce a basic principle: if a driver cannot pass safely, they must wait. On narrow roads or around blind corners, safe passing may mean slowing down and holding position until it is safe to move across properly. That message should be central to public education.
Vehicle type matters too. Buses and trucks create more wind turbulence and often take longer to pass, so they should be expected to allow at least 1.5 metres at any speed, ideally by changing lanes fully where possible.
Enforcement will matter. If this is to be more than a symbolic rule, practical ways to report and act on unsafe passing — including through video evidence — should be explored.
Proposal 3: Allowing e-scooters to use cycle lanes
Spokes Dunedin supports this proposal.
This is a sensible and pragmatic change. Where cycle lanes are available, they are generally a better place for e-scooters than footpaths. That is safer and more appropriate for e-scooter users, and it reduces conflict for pedestrians.
We do not see major downsides. Cycle lanes already accommodate a range of speeds and vehicle types, including standard bikes and e-bikes. E-scooters fit more naturally in that environment than on footpaths.
At the same time, this proposal does not remove the need for better infrastructure or for action on reckless riding, particularly in relation to some hire scooters. Safer networks and stronger compliance tools are both needed.
Proposal 4: Requiring drivers to give way to buses leaving bus stops on roads of 60 km/h or less
Spokes Dunedin supports this proposal.
This should improve bus reliability and make public transport more efficient, benefiting more people than it delays. It may also reduce unsafe crossing behaviour by passengers trying to cross in front of a bus that is still waiting to pull out.
From a cycling perspective, it may also reduce awkward situations where a person on a bike is left behind a bus waiting to re-enter traffic, or feels pressured to overtake when they would rather not.
Bus drivers must still pull out only when it is safe to do so. In particular, they need to check carefully for people cycling past the bus who were already overtaking before the bus signalled. Education for both bus drivers and the wider public will be important here.
Proposal 5: Clarifying that signage is not required for berm parking rules to be enforceable
Spokes Dunedin supports this proposal.
Unsafe berm parking can obstruct footpaths, block access, and encroach on spaces used by people walking and cycling. It can also create dooring and visibility hazards.
The main benefit of this proposal will depend on enforcement and public understanding. If local authorities are expected to manage unsafe parking effectively, they need the resources and support to do so. As with the other proposals, the rule change will only work well if it is backed by education and enforcement.
Concluding comments
Spokes Dunedin supports this package of reforms. They are worthwhile changes that should improve safety and better reflect the needs of people walking, cycling, scooting, and using public transport.
However, they should be seen as a starting point, not a complete solution. To create a transport system that is genuinely safe and attractive for active travel, New Zealand also needs better infrastructure, safer speeds, stronger education, and meaningful enforcement.