A confidential settlement has cleared the way for the stalled Hairini Link project to resume its legal processes says NZ Transport Agency, Highways Manager, Brett Gliddon.

The project also known locally as the Welcome Bay underpass has been on hold since May when local resident Christine Dean objected to how the project would affect her at a hearing.

The roads to be corrected.

The NZTA originally wouldn't buy her house at 28 Hammond Street because it doesn't have to be demolished to make way for the new road, unlike the houses further down the hill.

But during the construction process the 64 year old widow feared being locked in, our out of her house for more than a year with road access cut by the construction process. The NZTA plan was to leave her property serviced by its very own cul de sac at the completion of the project.

The construction plan for the $52 million project involves filling the swampy gully beside Hammond Street with 190,000cm of fill to build the road embankment. Christine was offered alternative accommodation, but nothing specific. Being absent from the family home of 20 years also raises insurance issues. It lapses after six months if an insured property is left empty.

Speaking outside the hearing Christine says the agency's claim that she's not affected is contradicted by the mitigations they offer.

'If you look at all these things that I have to live through, the construction, the noise, the dust, the vibration, being isolated and all that, it obviously is being affected.

'It could go on for three to five years to endure. I don't know how you can say that you are not affected.”

Christine says she's been left out because her property is not part of the designated land area.

'It does look to me like they have manipulated the designation line to completely avoid my place,” says Christine.

Counsel Kate Barry-Piceno said at the Notice of Requirement hearing that Christine wants the NZTA to buy her house as well.

Commissioner Greg Hill adjourned proceedings in May and made recommendations to the NZTA, which the agency hasn't publicised.

'The NZ Transport Agency is currently awaiting a formal decision by the Environmental court on our consent application which looks to confirm the proposed route for the new Hairini/Welcome Bay underpass,” says Brett today.

'We anticipate a decision from the court early in the new year. This process has taken slightly longer than anticipated as there was one submission made regarding our consent application, this has recently been withdrawn and we hope that a favourable decision by the court in the new year will allow us to proceed to the next stage of the project which includes tendering for the design and construction of the underpass.”

The Notification of Requirement authorises the NZTA to begin negotiations with property owners.

The underpass project is part of an on-going project that has been gradually improving access along State Highway 2A (15th Avenue) since 2008.

The underpass was brought on ahead of the Turret Road realignment because the underpass will reduce congestion at the roundabouts on SH29, a strategic port link.