All Aboard Aotearoa v Waka Kotahi
Jurisdiction: High Court of New Zealand
Principle law(s): Resource Management (Energy and Climate Change) Amendment Act 2004
Side A: All Aboard Aotearoa (Ngo)
Side B: New Zealand Transport Agency (Government)
Side B: Waka Kotahi (Government)
Core objectives: Whether decision to build a road was unlawful under New Zealand's climate commitments.
SummaryIn March 2021, a coalition of climate and transport advocacy groups, All Aboard Aotearoa, filed a judicial review claim against Waka Kotahi/New Zealand Transport Agency. The claimants seek an order setting aside Waka Kotahi's decisions to fund and build Mill Road, a 21.5 km road in southeast Auckland. The claimants asserted that the decisions undermined the government's commitments under the Paris Agreement and the Climate Change Response Act 2002, and that the decision-maker did not properly consider the greenhouse gas emissions of the project.
Related laws and policies
This Act updates the Resource Management Act 1991 and recognises the government's preference for national co-ordination of controls on GHG emissions and gives greater emphasis to climate change and energy matters in resource management, planning, and decision-making. The Act makes explicit provis...