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Hauraki Coromandel Climate Action Incorporated v. Thames-Coromandel District Council - judgment

Filing Year For Action

On April 2nd, 2019, the Thames-Coromandel District Council (the Council) decided not to approve the Mayor’s signature of the Local Leaders’ Climate Change Declaration (the Declaration). The Declaration is a three page document that declares “an urgent need for responsive leadership and a holistic approach to climate change.” It calls on the government of New Zealand to prioritize an ambitious transition plan, underpinned by an assessment of the country’s “economic vulnerabilities and opportunities”. It commits the Council to develop and implement ambitious action plans that reduce greenhouse gas (GHG) emissions and support resilience within communities, as well as work with the central government to deliver on national emissions reduction targets. 

On June 28, 2019, Hauraki Coromandel Climate Action Incorporated (HCCA), an NGO, applied for judicial review of the Council’s decision. The Council applied to strike out the claim. On March 20, 2020, Judge Gault issued a judgement that declined to strike out the claim, “holding it was arguable the Council decision is amenable to judicial review and the claim is not so clearly untenable that it cannot possibly succeed."

On August 31, 2020, the High Court made a further determination that the claim was justiciable, citing <a href="https://climatecasechart.com/non-us-case/thomson-v-minister-for-climate-change-issues/">Thomson v Minister for Climate Change Issues</a>, and stating that “the existence of a policy dimension to a decision does not immune it from judicial review” but “rather, the reverse.” The Council’s decision holds strong public interest. Therefore, given the nature, effects, including potential legal implications, and the decision's significance, it is reviewable by the Court. 

The High Court accepted the expert evidence that anthropogenic climate change is occurring and cited the Supreme Court’s decision in the Netherlands (<a href="https://climatecasechart.com/non-us-case/urgenda-foundation-v-kingdom-of-the-netherlands/">Urgenda Foundation v. State of the Netherlands</a>) in its finding that "the inhabitants and environment in the Thames-Coromandel District, and the cost of Council infrastructure, are likely to be significantly impacted by the effects of anthropogenic climate change.” 

In establishing whether the Council’s decision not to approve signing the Declaration was reasonable, the Claimant asserted that the Court should view the decision along a “sliding scale of intensity” and that “the effects of climate change are such that the intensity of review approaches that which is adopted for human rights.” The Claimant further claimed that "It was unreasonable for the Council to decline to sign the Declaration, given the global consensus on anthropogenic climate change and its predicted effects on the District... Only if a council had taken sound and sensible mitigation steps that went far beyond the Declaration might it be reasonable for them not to sign it. The Mayor was precluded from taking an objective perspective on the matter by her own prejudices."

The Defendants submitted that the Council’s decision was the most reasonable it could make, given the Council’s lack of capacity to compel the Mayor’s signature. It was also reasonable for the Council to “decline to make a decision about its future policy on climate change response to Council Peters’ motion,” as the considerations had not been properly analyzed by the Council. Furthermore, while the Declaration may create reviewable expectations, an application based on that ground would be unlikely to succeed because the commitments stated in the Declaration are very general. 

However, the Court accepted the Claimant's argument that the intensity of review of decisions about climate change by public decision-makers is similar to that for fundamental human rights and that heightened scrutiny is deserved in this case. The reasons for the decision indicated the need for further analysis and consideration of the issue. 

As such, the Court has ordered the following remedies: (i) It has declared that the Council’s decision was inconsistent with the requirements of the Local Government Act 2002 and the Council’s Significance and Engagement Policy; (ii) It has directed the Council to reconsider and determine, consistently with the requirements of the Local Government Act 2002, the Council’s Significance and Engagement Policy, and the Court’s judgement, whether or not to approve the Mayor signing the Declaration. The Court has awarded costs to HCCA.


Hauraki Coromandel Climate Action Incorporated v. Thames-Coromandel District 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

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

People with different national or cultural traditions from the dominant population

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

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Using laws and the legal system more broadly to protect vulnerable entities

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

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

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.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Hauraki Coromandel Climate Action Incorporated v. Thames-Coromandel District Council - judgment

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Greenhouse gas

Economic sector

Adaptation/resilience

Finance