High Court overturns Thames Coromandel council decision not to sign statement on climate change

A Superior Court judge reversed a council’s decision not to sign a national declaration on climate change, saying the decision-making process behind it was illegal.

In a ruling issued by the Hamilton Superior Court on Tuesday, Judge Matthew Palmer overturned the Thames-Coromandel District Council’s decision not to sign the New Zealand Local Government Statement on Climate Change.

The council violated the Local Government Act of 2002, and its own Policy of Importance and Commitment, by failing to conduct a comprehensive analysis of the policy or by considering community consultation on it, Judge Palmer said.

He ordered the council to reconsider the statement “in accordance with the law.”

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Judge Palmer said the impacts of climate change are likely to be “very significant” for the Thames-Coromandel district.

The council knows it could be severely affected by coastal erosion, risks of more landslides and flooding, increased fires and droughts, declining biodiversity and acidification of the Firth of Thames, Judge Palmer said.

And it predicts the cost of replacing city hall infrastructure between $ 63 million and $ 500 million, depending on whether the sea rises from half a meter to three meters, he said.

The law says the council must take a hard look at policies and consider how the community might be affected for important decisions like this one, Judge Palmer said.

At least the council should conduct a legal and financial analysis of the policy, he said.

“Should the Council develop and implement an action plan to reduce greenhouse gas emissions and support resilience in the district and how?

“Should you work with your communities to understand, prepare for and respond to the physical impacts of climate change, and how?

“Should I work with the central government to meet national emission reduction targets, and how?

“These problems are important.”

Across the country, some 67 mayors and local council chairs have signed the New Zealand Local Government Declaration on Climate Change.

The document calls for responsive leadership and a holistic approach to climate change.

By signing it, the councils commit to outlining their own commitments on climate change while encouraging the central government to be ambitious with its climate policy.

In April 2019, Thames-Coromandel district councilors voted 6-3 against Mayor Sandra Goudie’s signing of the statement.

Goudie had previously submitted a report to the council, saying the statement was a “potentially binding document” with “unknown financial consequences.” She said getting a legal opinion on the policy was an unnecessary expense.

Those who voted in favor of the declaration were Rex Simpson, Sally Christie and Strat Peters. Those who voted against were Mayor Sandra Goudie, Deputy Mayor Tony Brljevich, Tony Fox, Murray McLean, Jan Bartley and Terry Walker.

Protesters filled the council meeting and students from the school made passionate pleas for action on climate change.

In July 2019, Hauraki Coromandel Climate Action (HCCA) asked the High Court for a judicial review of the decision, and President Denis Tegg said he was “dismayed” by the council process.