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The Climate Litigation Database

All Aboard Aotearoa v Waka Kotahi

Geography
🇳🇿 New Zealand
Year
2021
Document Type
Litigation

About this case

Filing year
2021
Status
Decided
Geography
🇳🇿 New Zealand
Court/admin entity
New Zealand → High Court of New Zealand
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Other projects (Global)
Principal law
International Law → UNFCCC → Paris AgreementNew Zealand → Climate Change Response Act 2002New Zealand → Resource Management Act 1991
At issue
Whether decision to build a road was unlawful under New Zealand's climate commitments.

Documents

Filing Date
Document
Type
–
–

Summary

In March 2021, a coalition of climate and transport advocacy groups, All Aboard Aotearoa, filed a judicial review claim against Waka Kotahi/New Zealand Transport Agency. The claimants seek an order setting aside Waka Kotahi's decisions to fund and build Mill Road, a 21.5 km road in southeast Auckland. The claimants asserted that the decisions undermined the government's commitments under the Paris Agreement and the Climate Change Response Act 2002, and that the decision-maker did not properly consider the greenhouse gas emissions of the project. On June 4, 2021, the Government announced it would not go ahead with the Mill Road project.