points of claim

All Aboard Aotearoa v Auckland Transport - points of claim

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Litigation

Sabin

Sabin Litigation

judgment

All Aboard Aotearoa v Auckland Transport - judgment

Filing Year For Action

In June 2021, the Planning Committee of Auckland Council, acting on the recommendation of Auckland’s Regional Transport Committee (RTC), adopted the Regional Land Transport Plan 2021 (RLTP). Under the RLTP, Auckland’s transport emissions are expected to increase 6% between 2016 and 2031, and vehicle kilometers traveled per capita are not expected to decrease. All Aboard Aotearoa (AAA), an NGO, brought an action against the three local government bodies which had proposed, recommended, and adopted the RLTP.

First, AAA alleged that the decision of the RTC to recommend the RLTP was unlawful because the Committee relied on incorrect advice; that the RLTP was inconsistent with New Zealand’s Land Transport Management Act 2003 (which requires a safe land transport system in the public interest); and that it was inconsistent with New Zealand’s national Government Policy Statement on Land Transport 2021 (GPS), which contains a strategic priority of transforming to a low carbon transport system. Secondly, AAA challenged the decision of Auckland Council’s Planning Committee to approve the RLTP on the basis that the Council had relied on flawed advice; had failed to consider the requirements of New Zealand’s Local Government Act 2002 (LGA), which requires consideration of the interests of future communities; and had failed to identify that the RLTP was inconsistent with Auckland Council’s Climate Emergency Declaration. Third, AAA alleged that the Board of Auckland Transport – the council-controlled organization which had proposed the RLTP – had acted unlawfully because it was not properly informed; and had acted contrary to its statutory purpose (which required it to “contribute to an effective, efficient, and safe Auckland land transport system in the public interest”).

In July 2022, the Court rejected the challenges against the decisions of all three agencies. First, it found that the RTC had not acted contrary to the purposes of the LTMA. This was because the LTMA made no explicit reference to social, economic, cultural or environmental wellbeing, and that the statute had actually been amended to remove such factors. Next, the Court found that the RTC had not acted inconsistently with the GPS. Although climate change was a strategic priority reflected in the GPS, it did not have primacy over other grounds, such as safety, better travel options, and improving freight connections. The RTC was entitled to balance climate considerations against other factors. The Court also rejected procedural challenges related to the RTC’s decision to recommend the RLTP for adoption. The Court also dismissed claims that the Auckland Council Planning Committee had acted unlawfully. It found that the Planning Committee’s role in the adoption of the RLTP was a limited non-statutory process to which its obligations und er the LGA did not apply. Finally, the Court dismissed the claim against the Board of Auckland Transport on the same basis as it had dismissed the claim against the RTC. 

Whether the adoption of a Regional Land Transport Plan by local government which increased carbon emissions was unlawful on the basis of procedural defects and inconsistency with national statutes.  

All Aboard Aotearoa v Auckland Transport

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Either money or something of monetary value is transferred between two or more organisations, people or countries.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves activities to move goods and people, alongside the storage of products.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.

All Aboard Aotearoa v Auckland Transport - points of claim

Target

Risk

Impacted group

Greenhouse gas

Economic sector

Adaptation/resilience

Finance