Next Steps in Holding Decision Makers to Account on Emissions

All Aboard Aotearoa has decided not to pursue its appeal in the case against Auckland Transport and Auckland Council regarding the 2021 Regional Land Transport Plan (RLTP).  The court processes regarding the appeal have been significantly slower than usual, due in part to Covid19 disruptions that are still working through the system. In July 2023 we were advised that a judgement on the appeal would not due until mid-2024. By that time, even if an appeal was successful, it would have had no practical effect as the 2021 would have been replaced by the RTLP 2024.  

By withdrawing the appeal, All Aboard Aotearoa minimises the legal costs of the case, as Auckland Transport and Auckland Council have agreed not to seek costs. Given that the chances of success in the appeal have been significantly reduced by the delay in the appeal hearing, we believe that we are better to use the money raised for this appeal to focus on creating change in the next round of planning. 

“We still believe that the 2021 plan was unlawful, as it did not support a rapid transition to a low-carbon transport system, as the 2021 Government Policy Statement required”, said Zoe Brentnall, All Aboard Aotearoa’s spokesperson. “However, the job in front of us now is to fight to improve the next round of planning.”

That next round is underway, with the 2024 Government Policy Statement on Land Transport due out for consultation shortly. Once finalised, this new Policy Statement will flow through to the next Auckland Regional Land Transport Plan. All Aboard Aotearoa and key member groups will be lobbying the government and councils to ensure emissions reduction is front and centre in this process.

The Judicial Review of the RTLP 2021 put planners and decision makers in Waka Kotahi, Auckland Transport and Councils around the country on notice that their plans will be subject to scrutiny, analysis and where appropriate, legal challenge. Expert witnesses challenged the validity of the assumptions used in the development of the 2021 RLTP - these credible statements made in a highly public forum contributed to exposing the deficiencies in Auckland Transport’s planning approach. The 2022 Transport Emissions Reduction Pathway (TERP) much more clearly and explicitly addressed the issues raised by All Aboard Aotearoa in the RTLP case.

All Aboard Aotearoa awaits with interest the GPS, and the draft RTLP, which will be the key document showing how Auckland Transport and the Council will deliver on the objectives in the TERP, which aims for a 64% emissions reduction by 2030.