Climate Advocacy Groups Sue Auckland Transport, Council over Transport Plan that Fails to Reduce Emissions

A coalition of climate and transport advocacy groups has filed Court proceedings against Auckland Transport and Auckland Council in relation to a recently adopted land transport plan that fails to provide for any meaningful reduction in carbon emissions.

See full Statement of Claim here.

“It is unacceptable that in 2021 New Zealand’s largest city adopts a transport plan that does nothing to address the climate crisis. Despite the fact transport accounts for almost 40 percent of Auckland's emissions, Auckland Transport and Auckland Council have produced a plan that provides for virtually no reduction in these emissions.  That is a clear breach of their legal obligations to prepare a plan that is in the public interest and to act for the benefit of existing and future communities,” says Zoe Brentnall of Lawyers for Climate Action NZ.

The coalition, All Aboard Aotearoa, filed an application for judicial review in the High Court at Auckland today. It seeks a declaration that Auckland Transport and the Council have acted unlawfully in relation to the Regional Land Transport Plan 2021-2031 (‘RLTP’) and orders that they prepare and submit a new plan. The RLTP sets out Auckland’s transport objectives, policies and monitoring measures for the next ten years.

Public consultation on the RLTP took place between March and May this year.  More than 5,800 submissions were received.  The top themes were that more investment was required to address climate change, discourage car use, and improve public transport, walking and cycling; with an overwhelming number asking for Penlink and Mill Road to be removed. Auckland Council’s own climate plan, Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, calls for a 64% reduction in gross transport emissions by 2030, from 2016 levels.

Despite this, the RLTP states its investments would create a 6% increase in transport emissions by 2031, on 2016 levels.  Even with planned government interventions in the form of Clean Car Standards and biofuels improvements, only a 1% reduction would be achieved. This is still well short of the 64% decrease required by the Auckland Climate Plan, and is a logical result of the RLTP's rejection of planning to reduce per capita vehicle travel.

“There are plenty of opportunities to reduce Auckland’s transport emissions that can be done quickly and cheaply, such as reallocating some of the existing road space to walking and cycling,” says advocate Heidi O’Callahan, “All Aboard has made presentations to both the Board of Auckland Transport and the Planning Committee of Auckland Council to highlight the key messages of our campaign and the steps Auckland needs to take.”

Earlier this year, All Aboard commenced Court proceedings against Waka Kotahi/NZTA and the Government in relation to a project that would have widened Mill Road. That project has since been abandoned by the Government, citing cost and climate change concerns.

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Mill Road Judicial Review