A win at the High Court by Waka Kotahi New Zealand Transport Agency is being described as “a massive setback in the battle to curb New Zealand’s emissions” by the group that took the agency to court.

Sustainable transport group Movement judicially reviewed Waka Kotahi for not following the Government’s Policy Statement (GPS) on Land Transport which requires a reduction in emissions.

The trial revealed that, despite reduced greenhouse gas emissions being one of the GPS’s four strategic priorities, Waka Kotahi does not assess the emissions that come from its infrastructure projects.

Court documents also reveal that Waka Kotahi estimates that 78% of its National Land Transport Programme (2021-24), worth $19 Billion, will contribute to increasing emissions but the agency has no idea by how much.

Movement says this lack of assessment is one of the reasons New Zealand’s emissions are continuing to rise.

This week the High Court ruled in favour of Waka Kotahi argument that the GPS was aspirational and not prescriptive.

Movement spokesperson Bevan Woodward says the ruling is a win for the status quo that sets a worrying precedent.

“It’s hard to see how this won’t hamstring future Government attempts to reduce emissions and take other progressive steps around transport and the environment. Sadly, it has revealed how toothless Government Policy Statements actually are,” he said.

“This judicial review has revealed that current legislation benefits bureaucracy over democracy. It’s an affront to all political parties and is holding the country back. It’s in the interests of all Parliamentarians to make sure the will of the people cannot be ignored by the very agencies that exist to serve them,” Woodward said.

Woodward says Waka Kotahi’s policy of not assessing the emissions forecast from its projects flies in the face of the agency’s public claims about its work. Waka Kotahi’s website states: “Our climate change action focuses on reducing greenhouse gas emissions” and “the GPS includes climate change as a strategic priority and directs Waka Kotahi to support the rapid transition to a low-carbon and climate-resilient transport system”.

“It’s a classic Orwellian approach by a Government agency saying it’s doing one thing when, in fact, it’s doing something very different. It explains why, in the midst of the climate crisis, progress on improved public transport, walking and cycling is so slow whilst our emissions increase” says Christine Rose, Movement chairperson.

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