Hauraki Coromandel Climate Action Inc v Thames-Coromandel District Council

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

28/06/2019

LITIGATION TYPE

Access to Justice, Constitutional and Human Rights / State Accountability, Access to Justice

SUBJECT MATTER

Costs, Statutory Duty, Strike out application

REVIEW TYPE

Judicial review

SUMMARY

(Lexis Catchwords & Digest)

Practice and procedure — Costs — Security for costs — Access to justice — Practice and procedure — Proceedings — Strike out proceedings — Merits

Determination on order. Respondent brought judicial review against decision of application in response to climate change. Applicant sought order to strike out application for judicial review, and in alternative, applicant sought order for security for costs. Finding that applicant had not pleaded factual allegations related to decision-making process. Finding that premature to consider factors relevant to Court's discretion whether to grant relief. Finding that merits did not weigh either way in Court's exercise of discretion. Finding that balancing respondent's access to justice and applicant's interests, security should not be ordered. Order made dismissing strike out and security costs application. Determination made.

[1] Thames-Coromandel District Council (TCDC) applies to strike out an application for judicial review brought by Hauraki Coromandel Climate Action Incorporated (HCCA). In the alternative, TCDC seeks security for costs.

[2] HCCA’s application for judicial review relates to TCDC’s response to climate change. In particular, HCCA seeks judicial review of TCDC’s decision not to approve its mayor signing the Local Government Leaders’ Climate Change Declaration 2017 (Declaration) promulgated by Local Government New Zealand (LGNZ). HCCA claims that TCDC, in making the decision, erred in law by failing to consider relevant considerations and acted unreasonably.

(Lexis Catchwords & Digest)

Administrative law — Judicial review — Thames-coromandel District Council — Inconsistent with law

Application for judicial review. Respondent council did not approve mayor's signing of relevant declaration relating to climate change. Finding that respondent's decision was inconsistent with requirements of Local Government Act 2002 and respondent's policy to carry out analysis and consider consultation in making that decision. Order made quashing respondent's decision and directing respondent to reconsider decision. Application granted.

[1] On 2 April 2019, the Thames-Coromandel District Council (the Council) decided not to approve the Mayor, Ms Sandra Goudie, signing the Local Government Leaders’ Climate Change Declaration (the Declaration). Hauraki Coromandel Climate Action Inc (HCCA) challenges the decision. Decisions about climate change deserve heightened scrutiny on judicial review, depending on their context. The Declaration contains “Council Commitments”. If the Declaration were signed by a Mayor with the approval of a council and on its behalf, it is possible that could create a legally enforceable legitimate expectation, in some circumstances, as HCCA submits. A concern about that, and possible financial implications, was why the Council did not approve signing the Declaration. So the Council’s decision was not unreasonable.

[2] But the decision was a significant one. And the Council did not do the analysis or consider consultation with the District, as required by law. I declare the decision by the Council, not to approve signing the Declaration, on the basis it did, was inconsistent with the requirements of the Local Government Act 2002 (the LGA) and the Council’s Significance and Engagement Policy (the Policy) to carry out analysis and consider consultation in making that decision. I quash the decision and direct the Council to reconsider it, consistently with law. What happened?

CASE DOCUMENTS

Hauraki Coromandel Climate Action Inc v Thames-Coromandel District Council [2020] NZHC 444
Hauraki Coromandel Climate Action Inc v Thames-Coromandel District Council [2020] NZHC 3228