Hauraki Coromandel Climate Action Inc v Thames-Coromandel District Council - [2021] 3 NZLR 280

Judicial review — Statutory power of decision — Whether amenable to review — Refusal to sign climate change declaration — Generous approach to be taken consistent with constraining potential abuse of power — Rights and duties of ratepayers affected — Local Government Act 2002.

Judicial review — Unreasonableness — Whether decision insupportable or untenable ultimate conclusion — Refusal to sign climate change declaration — Not inconsistent with evidence — No material disconnect between fact or law and conclusion — Not so unsupportable or untenable as to require a different answer.

Local government — Decision making — Reviewable decision — Effects rights and duties of citizens and ratepayers — Intensity of review — Climate change heightened scrutiny — Similar to human rights decisions — Policy dimension did not immunise decision.

Local government — Decision making — Requires conscious decision — Even decision not to take action — Evidential basis for decision required — Significance of the matters affected by the decision rather than the decision itself — Local Government Act 2002 ss 76, 77, 78 and 79.