Press Release: High Court ruling on All Aboard Aotearoa vs Auckland Transport
Court Ruling on Auckland Transport's Plan
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.
About All Aboard Aotearoa
All Aboard Aotearoa Inc is a coalition of climate and transport advocacy groups, including Generation Zero, Bike Auckland, Movement, Women in Urbanism, Greenpeace Aotearoa, Lawyers for Climate Action NZ and others. All Aboard Aotearoa is calling for decarbonisation of transport by 2030 because this is the best way for Aotearoa to contribute to the global effort to limit warming to 1.5C. It also provides a unique opportunity to re-think our transport system with the potential for significant intergenerational benefits for health, quality of life, and social equity as well as environmental benefits.
The Court case follows All Aboard Aotearoa’s submission on the Regional Land Transport Plan and a presentation to the Auckland Council Planning Committee to highlight the key messages of the All Aboard Aotearoa campaign and the steps Council needs to take.
All Aboard Aotearoa’s legal submission and other case files may be accessed here after the hearing starts. Follow updates here.
The coalition has also penned an open letter to the Minister of Transport, the Chief Executive of the Ministry of Transport, the Mayor, Chief Executive and Councillors of Auckland Council, and the Boards of Directors and Chief Executives of Waka Kotahi and Auckland Transport calling for urgent transformation of the transport system. Follow All Aboard Aotearoa on Twitter here.
Contacts: info@allaboard.nz
