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Climate Justice Taranaki Inc v Taranaki Regional Council - decision

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In this case, the Environment Court considered a preliminary question about the relevance of climate change to the assessment of the proposed rules and proposed coastal plan for the Taranaki Region.  The relevant proposed rules, Rules 26 to 30, sought to regulate the effects of oil exploration and drilling activities (Proposed Rules). 

The Court held that s 70A of the RMA prevents the Court from considering (a) the effects of discharges into air of greenhouse gases on climate change (which in the context of the appeal, included the proposed rules); and (b) the effects of any activities incidental to those listed in Rules 26 to 30, insofar as they may have effects on climate change ([37]). 

Climate Justice Taranaki (CJT) argued that the Taranaki Regional Council (Council) had a responsibility to anticipate the effects of climate change and prepare a resilient plan for the Region. CJT was concerned about the costs of sunset industry and increasing liabilities ([39]). The Environment Court noted Council’s argument that the effects CJT seeks to address are not the effects of climate change, but effects that may result from regulatory responses to climate change which are too remote to be regulated. 

A further preliminary consideration was to what extent, if any, ocean acidification could be considered, with CJT arguing it is not excluded from consideration by s 70A. However, the Council argued that ocean acidification and climate change are so linked that to seek to reduce ocean acidification by making a rule to reduce CO2 emissions is, in essence, requesting consideration of the effects on climate change ([36]). The Court found that it could not determine as a preliminary matter whether ocean acidification fell within the definition of climate change in the RMA - however it did note that “insofar as ocean acidification is entwined with climate change, it is unhelpful to rely on it as a means of seeking to amend the [Proposed Rules] to address the effects of those activities on climate change. Parliament’s policy is clear. It is for Parliament to regulate the effects of activities on climate change, not this Court” ([43]). 

Climate Justice Taranaki Inc v Taranaki Regional Council

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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.

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.

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.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

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

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Climate Justice Taranaki Inc v Taranaki Regional Council - decision

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience