Update on judicial review proceedings

All Aboard Aotearoa’s challenge of transport plan decisions

Publish Date : 26 Apr 2022
AAA judicial review

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).

AT’s documents are available here.

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