High Court Ruling on All Aboard Aotearoa vs Auckland Transport

The High Court’s decision in the case against Auckland Transport and Auckland Council for adopting a transport plan that fails to deliver a meaningful reduction in emissions was released on Friday 8 July 2022.

The case was brought by All Aboard Aotearoa Inc, a coalition of climate and transport advocacy groups, in relation to the Regional Land Transport Plan for 2021-2031. The plan would increase Auckland’s land transport emissions by 6% by 2031 compared to 2016 levels. Even with government interventions in the form of Clean Car Standards and biofuels improvements, only a 1% reduction would be achieved. All Aboard Aotearoa argued that AT and the Council acted unlawfully in adopting the plan.

The Court decided that AT and the Council had not acted unlawfully in adopting the RLTP, noting that the RLTP involved high-level policy judgments which the Court was not in a position to evaluate.

“The decision is not an endorsement of the RLTP itself, but a finding that the high threshold of unlawfulness was not reached. We are nevertheless disappointed with the decision. The Government and the Council have issued policy after policy committing to meaningful action on climate change, including the decarbonisation of transport. We expect them to implement those policies and will continue to hold them to account for failing to do so.  The Court decision today does not change that” says All Aboard Spokesperson, Zoe Brentnall.

“Aucklanders will be disappointed that despite Auckland Council declaring a Climate Emergency in 2019, the development of Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, and overwhelming public support for climate action, Auckland Transport is yet to understand the urgent need to invest in a sustainable transport system.  Not only would this reduce emissions, but it would provide Aucklanders with healthier, more affordable choices in how they move around their city” says All Aboard Spokesperson, Tim Adriaansen.

All Aboard Aotearoa is considering whether to appeal the judgment.