Auckland’s 10-year transport plan has been found valid by the Supreme Court after it was challenged in a judicial review of a coalition of climate action groups.
All aboard Aotearoa had argued that the city’s 10-year Regional Land Transport Plan (RLTP) was illegal because it would increase CO2 emissions by 6%, while the city’s goal was to halve CO2 emissions by 2030.
Auckland’s transportation emissions need to fall by 64% to meet that overall goal, but projects and spending under the $37 billion plan signed in 2021 would increase emissions by 6%†
Auckland Transport, the Regional Land Transport Committee and the council had rejected the argument, saying the plan was not the only lever to reduce emissions and it met legal requirements.
READ MORE:
† Climate Change: Auckland Transport Legalizes Plan Despite Emissions Rise
† Legal challenge for Auckland’s emissions-enhancing transport plan begins
† Auckland transport plan adjusted, but CO2 emissions hardly fall
Justice Venning did not accept arguments from All Aboard Aotearoa (AAA) that the plan was invalid, that the advice to decision-makers was flawed and that the transport plan was legally in conflict with other council and climate obligations.
“To the extent that AAA relies on the argument that the RLTP is inconsistent with the” [climate] statement and commitments referred to, the short point is that there is no legal requirement that the RLTP be in compliance,” said Justice Venning in a 60-page decision.
The High Court decision referred to another Supreme Court decision on separating legal matters from the merits of general arguments.
“In this area, the courts are in the process of identifying the legal limits of power, rather than assessing the merits of its exercise in any case. They have to be careful not to cross the line between those concepts.”
Chris McKeen / Stuff
Traffic emissions in Auckland would continue to rise over the next decade under spending in the RLTP (file photo)
All Aboard said it was disappointed with the decision.
“The decision is not an endorsement by the RLTP itself, but a statement that the high threshold of illegality has not been reached,” said spokesman Zoe Brentnall.
Brentnall noted that the government and council had “issued policy after policy committing to meaningful action on climate change, including decarbonising transport”.
“We expect them to implement that policy and will continue to hold them accountable if they fail to do so,” she said.
Todd Niall / Things
The maiden voyage through the extension to Auckland’s Northern Busway on May 6, 2022.
In a statement, Auckland Transport noted that the ruling showed that “information prepared by Auckland Transport staff can be used for robust decision-making”.
“There is no doubt that climate change is an extremely important issue for Auckland to address, and that much work is needed to reduce our transport emissions,” it said.
Auckland Council said it had received the decision but would not comment immediately.
However, Chris Darby, chairman of the planning committee, said: “While the case has been dismissed, I certainly do not see it as an Auckland Council winner.
“It’s a stark reminder that the community will be challenged by communities like us.” not acting on our climate obligations†
Councilors will debate a Transport Emissions Reduction Plan in August, which is a nuts-and-bolt document outlining the steps needed to meet climate action goals.