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New Zealand

All Aboard Aotearoa v Auckland Transport

Jurisdiction: High Court of New Zealand

Side A: All Aboard Aotearoa (Ngo)

Side B: Auckland Transport (Government)

Core objectives: Whether adoption of regional land transport plan unlawful under New Zealand's climate laws.

All Aboard Aotearoa, a coalition of climate and transport advocacy groups, filed an application for judicial review against decisions of Auckland Transport, the Regional Transport Committee for Auckland, and Auckland Council to adopt the Regional Land Transport Plan 2021-2031 ("RLTP"). Under the RLTP, Auckland's transport emissions are expected to increase by 6% between 2016 and 2031, and vehicle kilometers travelled per capita are not expected to decrease. The claimant relies on three causes of action. First, they allege that the decision of the Regional Transport Committee to submit the RLTP to Auckland Transport for approval was unlawful, because the Committee relied on incorrect advice such as that roading projects do not increase emissions, the RLTP is inconsistent with the Government Policy Statement on Land Transport 2021 which contains the strategic priority of transforming to a low carbon transport system, and the RLTP does not contribute to a safe land transport system in the public interest. Second, the claimant alleges that Auckland Council's decision to approve the RLTP was unlawful, including because the Council relied on incorrect advice, failed to have regard to mandatory requirements of the Local Government Act 2002 including the interests of future as well as current communities, and failed to identify that the RLTP was inconsistent with the Auckland Council's Climate Emergency Declaration. Third, the claimant alleges that Auckland Transport's decision to approve the RLTP was unlawful, because it was not properly informed, and acted contrary to its statutory purpose. The claimant seeks orders setting the decisions aside, and for Auckland Transport and the Regional Transport Committee to prepare and approve a new regional land transport plan. The case will be heard at the end of April 2022.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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