DEMANDS: TCDC Mayor Sandra Goudie at one of the Tairua water sources, the Pepe. Photo / Alison Smith BTG 18Dec20 - Thames-Coromandel mayor Sandra Goudie said there was still a need for summer sta
By Alison Smith
Thames-Coromandel District Council broke its own laws by refusing to sign the Local Government Leaders' Climate Change Declaration.
However mayor Sandra Goudie says she still won't sign.
A High Court judge ruled in favour of Thames-based climate activists Hauraki Coromandel Climate Action (HCCA), which sought a judicial review of TCDC's refusal to sign the declaration.
Goudie said she had asked LGNZ whether it had a legal opinion about the declaration being binding.
"It talks about committing to ambitious plans.
"The words actually say commit to ambitious plans without actually saying what those plans are. You blatantly don't do that in a leadership role," says Goudie.
"There's no way local authorities can afford to do that and all the other things that could be required. When you talk about affordability, you're talking about families.
"Whatever path is required to be taken must be led by Government and funded by Government."
The council's decision has been quashed and it has been directed to reconsider it, consistently with law.
Asked if she would sign after the High Court ruling, the mayor said no.
"Because what's changed? They can't compel it."
Under the declaration, the council would commit to working with Central Government on national emission reduction targets.
Locally, it would adopt action plans with language aimed at reducing greenhouse gas emissions by:
• promoting walking, cycling, public transport and other low
carbon transport options;
• working to improve the resource efficiency and health of homes,
businesses and infrastructure in the district; and
• supporting the use of renewable energy and uptake of electric
vehicles.
The council's lawyer argued against the mayor's suggestion that the declaration might have legal force. But he submits she was right to be concerned, the Judge said.
"Just as interestingly, the mayor's legal concerns receive support from the HCCA."
The Judge said much of the wording of the declaration is aspirational and "exhortatory" - intended to encourage.
"That is unsurprising, given the historical lack of political consensus about what to do about climate change domestically and internationally."
The signatories "give our support to the New Zealand Government for developing and implementing … an ambitious transition plan" is among the five key points on the declaration.
The Judge said although the council's decision not to sign ''was not unreasonable", it did not do the analysis or consider consultation with the district as required by the Local Government Act and its own Significance and Engagement Policy.
HCCA chairperson Denis Tegg says the decision may set a legal precedent that some other councils must consider.
"It sends a message to constituents that we're serious about this. How much money they spend on it is entirely at their discretion, no one can say you must do this [particular] thing.
"The idea that the public can come along and argue if they didn't put solar on a building is nonsense."
Although financial considerations were a valid concern, it didn't stop TCDC taking practical steps to reduce emissions within its operations.
Electrifying TCDC's vehicle fleet and how vehicles were managed, and solarising power supply were examples of how.
"It's in their financial interest to take action."
The HCCA is made up of a small group of climate activists who meet in a cafe in Thames. Members range in age from school students to Tegg, who is the Thames-Coromandel District representative for Waikato Regional Council.
Former Green Party Co-leader Jeanette Fitzsimons was a member until her untimely death this year.
TCDC accepts the replacement value of core council infrastructure projected to be affected by sea level rise alone ranges from $63 million to $500 million, depending whether sea level rises by half a metre or up to 3m.
Tegg says reducing emissions would lead to savings for ratepayers.
"I'm yet to see the council as a whole make that connection between taking action and showing leadership that will lessen adverse effects. The sooner we reduce emissions, the sooner we lessen those impacts."
Local Government New Zealand drafted and promoted the declaration and by June last year 65 mayors and chairs had signed.
Costs of $9500 were awarded in HCCA's favour.
"Our society [also] argued for a hearing to be held on the same day to save on legal costs and council lawyers insisted they have their own day, which cost more in legal fees," said Tegg.
"I'm actually quite pleased that we didn't settle, because now we have an application that applies nationwide."
He says other councils that have refused to sign the declaration may now come under renewed scrutiny from their constituents.
Goudie said the matter was dealt with by Council's lawyers and she had had no discussion with them about potential for extra costs.
The Council would decide actions in the new year.
THE DECLARATION
We have come together, as a group of Mayors and Chairs representing local government from across New Zealand to:
1. acknowledge the importance and urgent need to address climate change for the benefit of current and future generations;
2. give our support to the New Zealand Government for developing and implementing, in collaboration with councils, communities and business, an ambitious transition plan toward a low carbon and resilient New Zealand;
3. encourage Government to be more ambitious with climate change mitigation measures;
4. outline key commitments our council will take in responding to the opportunities and risks posed by climate change; and
5. recommend important guiding principles for responding to climate change.
"If you’re loyal to them, they will be loyal to you."