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I was turning left from Patrick st Onehunga onto church street. At the intersection there is the lane and then the flush median. The traffic stopped so I could move across to the median to then turn right onto Mays Road. Often cars queue jump from the right on church st through the intersection with Patrick st by using the medians as an extra lane. It is not a continuous median due to the intersection and also cars use the same median to turn right from church st onto Patrick st. From what I have been told if the traffic has stopped to let cars out from Patrick st onto the median, then the cars (illegally) using the medians and driving through the intersection should give way. Is this correct?

Hi there,
You would expect this to be true, however even incorrect use of a flush median if observed by an officer- would result in a driving infringement. But as they are driving in the direction of the flow of traffic- it would be the responsibility of the car crossing into the path of traffic to make sure the way is clear for the duration of the manoeuvre.
NZ Roadcode says: If you are turning, give way to vehicles not turning. Note: if you are leaving the path of a marked centre line, you are deemed to be turning and must give way to vehicles that are following the centre line.

Thank you for replying. The first sentence who would the infringement be against?
The median strip is not continuous and there are 2 as there is an intersection. By overtaking on the median and going through the intersection when the prevailing traffic has stopped to let cars (turning both left and right), means that the car on the median coming from the right would be at fault in any accident, would it not? I thought overtaking on a median was illegal? The median part with the turn is not part of the first median due to the intersection.

Also if they use the median continuously through the intersection they run the risk of blocking turning traffic into Patrick St from Church st, even when the traffic in the lane has stopped to let cars turn.

Because a vehicle is in a lane illegally, doesn't automatically make them responsible in a crash situation. It may even be ruled 50/50 but this would need to be decided by the police or insurance companies. If the view into the lane is not clear and other cars have left a cap for you to enter, you must still make sure the way is clear before doing so. Here's another example. If you were crossing a bus lane and saw no busses, but out of the blue a car appeared and you crashed into it. Yes they were in a lane they shouldn't be, but the other driver was crossing the path/flow of traffic and should make sure the way is clear before doing so. One car would most likely get an infringement for incorrect lane use. The other would get one for failing to give way causing an accident. This is how we view the road rule.