Judicial Review challenging NZTA's approval of the NLTP
for failure to give effect to Government Policy
Frustrated by NZ Transport Agency’s failure to give effect to the Government’s priorities for land transport (GPS 2021) in preparing and approving the National Land Transport Programme for 2021-24, especially in regards to the requirement to reduce greenhouse gas emissions, Movement lodged a Statement of Claim for Judicial Review in November 2021.
The hearing was held October 3 - 5, 2022 in the Wellington High Court (see key documents below). The subsequent High Court decision on 1 March 2023 agreed with position adopted by NZTA and Minister of Transport that the GPS is only a “guide", "phrased in high-level and aspirational language” which is not needed to be given effect to.
Movement then lodged an appeal in the Court of Appeal which was heard on 28 - 29 May 2024. We are awaiting the decision.
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High Court proceedings: Timeline of events and key documents:
Movement lodged a Statement of Claim for Judicial Review in November 2021.
On 2 February, 2022 NZTA's Statement of Defence was filed, along with their initial disclosure.
On 3 February, 2022 this joint memorandum was filed in the High Court by NZTA and Movement.
On 15 February, 2022 this memorandum was filed in the High Court by NZTA. Applications to be added as a respondents were subsequently received per these court filings by the Minister of Transport and by Auckland Transport.
On 10 March, Movement lodged this amended Statement of Claim. Waka Kotahi subsequently filed this amended statement of defence on Thursday 17 March.
On 24 March, 2022 this joint memorandum was filed in the High Court by the parties and the following documents were filed:
- See key points from NZTA's legal submissions
- See key points from MoT's affidavit
The hearing was held October 3 - 5, 2022 in the Wellington High Court (see key documents below). The subsequent High Court decision on 1 March 2023 agreed with position adopted by NZTA and Minister of Transport that the GPS is only a “guide", "phrased in high-level and aspirational language” which is not needed to be given effect to.
Movement then lodged an appeal in the Court of Appeal which was heard on 28 - 29 May 2024. We are awaiting the decision.
================================================================================
High Court proceedings: Timeline of events and key documents:
Movement lodged a Statement of Claim for Judicial Review in November 2021.
On 2 February, 2022 NZTA's Statement of Defence was filed, along with their initial disclosure.
On 3 February, 2022 this joint memorandum was filed in the High Court by NZTA and Movement.
On 15 February, 2022 this memorandum was filed in the High Court by NZTA. Applications to be added as a respondents were subsequently received per these court filings by the Minister of Transport and by Auckland Transport.
On 10 March, Movement lodged this amended Statement of Claim. Waka Kotahi subsequently filed this amended statement of defence on Thursday 17 March.
On 24 March, 2022 this joint memorandum was filed in the High Court by the parties and the following documents were filed:
- April 6: Minister of Transport's Statement of Defence was filed
- April 29: Movement as applicant filed affidavits by Professor Ralph Sims, Transport Planners Roger Boulter and Bevan Woodward.
- June 28: Minister of Transport filed an affidavit by Bryn Gandy
- July 8: Auckland Transport as intervenor filed affidavit by Jenny Chetwyn
- Aug 1: Movement as applicant to filed affidavits in reply by Professor Ralph Sims, Transport Planners Roger Boulter and Bevan Woodward
- Aug 5: Movement as applicant filed electronic common bundle
- Aug 12: Movement's legal submissions filed
- Sept 2: NZTA's legal submissions filed. Minister of Transport's legal submissions filed
- September 16: Auckland Transport's legal submissions filed
- See key points from NZTA's legal submissions
- See key points from MoT's affidavit
