Judicial review proceedings have begun in Auckland’s High Court on the matter of All Aboard Aotearoa versus Auckland Transport (AT) and Auckland Council.
Because this case is deemed to be of significant public importance, the High Court has permitted publication of the court documents. This includes the affidavit of Auckland Council’s Chief Planning Officer Megan Tyler, the council’s Statement of Defence, and the council and AT’s legal submissions.
Judicial review proceedings
On 6 August 2021, All Aboard Aotearoa Inc filed judicial review proceedings with the High Court. The judicial review challenges Auckland Transport’s (AT) decisions to recommend and approve the Auckland Regional Land Transport Plan 2021 (RLTP) and Auckland Council’s decision to endorse the RLTP for submitting to the AT Board for approval.
The decisions are challenged on a number of grounds. These grounds broadly relate to the RLTP’s impact on climate change. All Aboard Aotearoa Inc has asked the court to set aside the RLTP decisions, and order that AT prepare a new RLTP.
The RLTP is the 10 year plan for Auckland’s transport network. It sets out the transport objectives, policies and priorities for Auckland.
Next Steps
The judicial review proceedings are being heard by the Auckland High Court from 26 to 28 April 2022. We await the decision of the court.
As the matter is before the court, we will not be making any further comment at this time.
Auckland Council’s court documents
Megan Tyler’s affidavit is approximately 1500 pages in length and contains copies of many of the council’s core plans. Due to the size and scale of the affidavit, we have broken it into parts.
Part 1 contains Ms Tyler’s affirmed affidavit and parts 2-11 contain the exhibits to her affidavit, including plans and decisions of the Governing Body (committees).
- Part 1 – Megan Tyler Affidavit
- Part 2 – Review of Council Controlled Organisations
- Part 3 – Local Government Leaders’ Climate Change Declaration
- Part 4a – Auckland Plan 2050
- Part 4b – Auckland Plan 2050
- Part 4c – Auckland Plan 2050
- Part 5 – Auckland Plan 2050 Development Strategy Monitoring Report
- Part 6 – Environment and Community Committee 11 June 2019: Climate Emergency
- Part 7 – Te Taruke-a-Tawhiri: Auckland’s Climate Plan
- Part 8a – Planning Committee 11 March 2021
- Part 8b – Planning Committee 11 March 2021
- Part 9a – Planning Committee 3 June 2021
- Part 9b – Planning Committee 3 June 2021
- Part 9c – Planning Committee 3 June 2021
- Part 10a – Planning Committee 24 June 2021
- Part 10b – Planning Committee 24 June 2021
- Part 10c – Planning Committee 24 June 2021
- Part 11 – Planning Committee 11 March 2021
AT’s documents are available here.
