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Image: Tina Tiller
Image: Tina Tiller

PoliticsJuly 14, 2022

Auckland Council just successfully trashed its own climate plans in court

Image: Tina Tiller
Image: Tina Tiller

A collection of climate advocates recently sued the council and AT, accusing them of failing to comply with the council’s own climate plans. As Hayden Donnell explains, the judgment could have far-reaching implications.

What’s all this then?

In 2021, Auckland Transport, an Auckland Council-controlled organisation, approved a Regional Land Transport Plan (RLTP) that sets the funding for the projects that make up its work programme over the next deca- WAIT! DON’T GO! Anyway, the problem with the plan is that it will either raise carbon emissions from transport, or perhaps reduce them by 1% once government climate interventions are taken into account.

That may strike you as strange, given Auckland Council has declared a climate emergency, passed a targeted climate rate, and unanimously approved a climate plan, Te Tāruke-ā-Tāwhiri, which calls for a 64% drop in transport emissions. Those promises to do a lot about climate change appear to be in conflict with the RLTP’s promise to do almost nothing about climate change, and that’s concerning given transport accounts for 43.6% of Auckland’s emissions.

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That does sound quite bad. Is something being done about it?

Auckland Transport is currently arguing it can’t make urgent changes to an obviously unsafe stretch of road where a teenager was killed because it would mean consulting businesses on removing some carparks. It has decided not to install air filters in its buses during an airborne global pandemic because it will cost too much, even as it endures staff shortages caused partly by drivers catching Covid. You think it’s going to change a massive transport plan just because it’s a climate disaster? Don’t make me laugh a mirthless laugh, dull with dread and heavy as an ancient tomb door closing.

Auckland Transport isn’t changing the RLTP any time soon, and Auckland Council – for all its talk about climate emergencies – simply waved the plan through. That left a collection of climate and transport advocates to challenge the plan in court under the moniker All Aboard Aotearoa. They accused the council of failing to meet its own climate obligations, and being in breach of government directives that call for reductions in vehicle travel and emissions

What happened?

They lost.

Photo: Getty Images; additional design by Tina Tiller

Auckland Transport vindicated! The RLTP is actually fine!

No. 

Crap.

The council won less because the RLTP is great for the climate, and more because it successfully argued it doesn’t have to be. In court, the council’s lawyers contended that Te Tāruke-ā-Tāwhiri is a “high-level” document that doesn’t oblige their client to “meet or support any specific emissions reduction target”. Declaring a climate emergency was also viewed more as an aspirational statement than as something councillors are required to meet with tangible action, with the council’s lawyers saying it has “no inherent statutory or legal implications”. 

A government policy statement mandating a transition to a “low-carbon transport system” was similarly dismissed. The council claimed the policy was “minimally directive”, and its climate change targets had to be balanced against other priorities including improving freight corridors. 

Justice Geoffrey Venning agreed with almost all the council’s arguments, saying there is “no legal requirement” for the RLTP to be consistent with Te Tāruke-ā-Tāwhiri, and climate is not a “pre-eminent” concern of the Government Policy Statement on Land Transport.

That’s disappointing for All Aboard Aotearoa’s supporters, but Venning’s judgment is even more conservative than many of them expected. It says the RLTP is not “significantly inconsistent” with the council’s climate plan given they both produce a reduction in emissions by 2031, which feels a bit like saying I’m not significantly inconsistent with Usain Bolt given we both have legs and can run 100 metres. The judgment also asserts that plans like the RLTP are “not climate change decisions as such”, which is quite surprising given the RLTP may have the single biggest impact on emissions of any plan the council passes in the next decade.

This all seems like a troubling legal precedent…

It sure does!

This is not only a problematic outcome for All Aboard Aotearoa, but arguably for Auckland Council as well. It may have won, but in doing so it set a precedent for its transport body disregarding the plans councillors approve. Meanwhile, other local authorities could look at this decision and decide they don’t need to make the government’s call for a transition to a “low-carbon transport system” such a priority. If these plans and statements don’t have to influence something like the most important transport plan in Auckland, some people might start to ask whether they’re worth the paper they’re written on.

That’s pretty concerning right now. It might be even more so after the local elections in a few months. At a recent mayoral debate in Takapuna, several Auckland mayoral candidates jostled for the title of “person who will do the least about climate change”. One of the leading Wellington mayoral candidates seems to experience vivid nightmares whenever he hears the word “cycleway”. In a hallowed three-yearly tradition, council wards across the country will soon be won by candidates upset at the prospect of making even a small effort to stop our oceans turning into a tepid soup. 

The latest IPCC report gives us a few years to get off a path toward an “unliveable world”. It prescribes an urgent transition away from cars, and toward public transport, biking and walking. Almost every climate scientist in the world is saying we have to change everything immediately, if not several years ago. If anything, our councils need to be compelled to be more radical. The last thing they need is another legal excuse to sit back and watch the world burn, flood, overheat, freeze, and then burn again.

Keep going!
Image: PIF/Tina Tiller
Image: PIF/Tina Tiller

PoliticsJuly 11, 2022

An expanded, empowered Pacific Islands Forum could lock in Pacific security

Image: PIF/Tina Tiller
Image: PIF/Tina Tiller

Amid global political turbulence, the Pacific is a region whose influence is sought by the world’s powers. As the Pacific Islands Forum leaders’ meeting gets under way in Suva, regional coordination is as important as ever.

This piece was written before Kiribati withdrew from the forum

Regional security in the Pacific Islands is in flux, with change fuelled by a trio of dominant drivers. As global economic powerhouses China and the US renew their interest in the region, monitoring the important drivers offers key insights into the future of the Pacific.

The first driver involves rethinking how security is defined. Pacific Islands Forum (PIF) leaders committed in 2018 to cooperate more on regional security in the Boe Declaration on Regional Security. The declaration defines security broadly, covering human security, environmental and resource security, transnational crime, and cyber security. But the breadth of issues that fall within this definition of security makes it difficult to translate into concrete policy. Underpinning it all is climate change, “the single greatest threat … to the peoples of the Pacific”.

PIF officials are grappling with the question of how human rights, health, and prosperity can fit into existing regional security efforts; whether connections can (or should) be drawn between issues that would typically be classified as relating to “security” or “development”; and what this means in practical terms for efforts to advance security in the region.

Flooding in the village of Eita, Kiribati, 2015. Kiribati’s future generations are at risk of potentially lethal sea level rise (Photo: Jonas Gratzer/LightRocket via Getty Images)

To gauge how Pacific states approach regional security and prioritise their interests, the national strategies that they committed to develop in the Boe Declaration are a helpful starting point.

The strategies adopted so far broadly align with the Boe Declaration, but expand on regional priorities. Solomon Islands’ national security approach identifies the implementation of the Boe Declaration as a “strategic action”, which will include developing a national maritime strategy and coast guard capabilities.

Vanuatu’s security strategy identifies the implementation of a national cyber security policy and the establishment of a national cyber security centre. Samoa’s national security policy aligns closely with the Boe Declaration, with a strong balance between issues such as transnational crime and border security, and gender-based violence.

Membership of the Pacific Islands Forum

To help implement the Boe Declaration, PIF leaders are expected to endorse the 2050 Strategy for the Blue Pacific at the July 2022 meeting. The strategy is anticipated to recommend the region’s security arrangements are made more responsive and collaborative. The challenge will be ensuring that putting into place the 2050 Strategy does not overshadow and undermine the Boe Declaration and the action plan intended to guide its implementation.

The second driver of change is the increasingly disruptive – but also galvanising – nature of geopolitical contest, particularly between China on the one hand, and the US, Australia, New Zealand and their partners on the other.

While Pacific states are increasingly frustrated by their partners’ preoccupation with strategic competition in the region, they cannot insulate themselves from it entirely.

Micronesian member states’ threat to withdraw from the PIF in 2021 suggested that the long-standing faultlines between states that recognise China or Taiwan might fracture regional solidarity, given that most Micronesian states recognise Taiwan, whereas other parts of the Pacific are less aligned with Taipei.

But the reunification of the PIF in early June 2022 signalled that Pacific leaders continue to value regionalism. The value that the Pacific places on regional solidarity was further shown by the collective response of Pacific leaders, who called for more time to consider and discuss between themselves China’s proposed region-wide economic and security agreement.

The third driver of change is the growing need for a mechanism that allows Pacific states and partners to discuss security issues and develop measures to respond.

Partner states have increased their engagement in the region. For example, the Indo-Pacific Partnership for Maritime Domain Awareness was launched at the QUAD meeting of the US, Japan, Australia and India in May 2022. The Partners in the Blue Pacific announced in June 2022 comprising the US, Australia, New Zealand, Japan and the UK, seeks to create an informal mechanism to coordinate between partners and Pacific states.

While the initiative says that it will “further elevate Pacific regionalism” with a “strong and united Pacific Islands Forum at its centre”, it is unclear how coordination will fit with existing arrangements in the region. Nor is it clear that factors that inhibited earlier efforts to coordinate have been adequately addressed.

This suggests a clear need for a distinct mechanism created and controlled by Pacific states that can facilitate discussion between them and their partners on security issues, and develop measures to respond.

Since 2019, a subcommittee within PIF has met regularly to discuss security issues and monitor initiatives being taken to address them. The subcommittee has primarily operated as an information-sharing forum, but PIF officials hope that its capacity to coordinate and enable security cooperation will develop. However, many regional bodies remain outside the subcommittee, as do other partners (beyond Australia and New Zealand, which are forum members).

This suggests that the Pacific may need an institutionalised mechanism, akin to the Asean Regional Forum, for Pacific states to collectively negotiate with partners on security issues and develop cooperative responses. As Marshallese ambassador to the US Gerald Zackios recently noted: “We lack a fully effective platform to address intense geopolitical security risks.”

The Post-PIF Partner Dialogue facilitates discussion and engagement between partners and PIF members, but does not have the same expansive mandate as the Asean Regional Forum. PIF leaders have decided to postpone the dialogue this year. This presents an opportunity to reconsider how dialogue partners engage with PIF leaders on security issues.

Either the PIF subcommittee could be expanded, or the PIF could create a forum like the Asean Regional Forum to provide opportunities for Pacific states to collectively engage with partners on security matters. With geopolitical competition escalating and therefore partner interest in the Pacific likely to continue, the leaders’ meeting provides an opportunity for Pacific leaders to debate their options.

Anna Powles is a senior lecturer in the Centre for Defence and Security Studies at Massey University and Joanne Wallis is professor of International Security in the Department of Politics and International Relations at the University of Adelaide.

Originally published under Creative Commons by 360info™.

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