Council lobby group calls for Govt aid

LGNZ president Dave Cull says the report shines a vital spotlight on the tough position councils...
LGNZ president Dave Cull says the report shines a vital spotlight on the tough position councils are in. Photo: ODT

Councils could soon face lawsuits if the Government does not take action to help them prepare for climate change, a leading lawyer says.

Lobby group Local Government New Zealand (LGNZ) commissioned Jack Hodder to examine the legal risks that councils faced by either recognising or ignoring the threat of climate change in their decision-making.

He found a growing number of cases brought by frustrated communities and individuals around the world, and concluded it was only a matter of time before similar actions were taken here.

One such case, by Hamilton woman Sarah Thomson, had already been brought against the previous National-led government, although it was later dismissed by a High Court judge.

A key risk raised by Mr Hodder's report was the absence of national climate change adaptation guidance in New Zealand, effectively leaving it to the courts to decide how to remedy climate change-related harms.

LGNZ president Dave Cull noted that Mr Hodder's report shone a vital spotlight on the tough position councils were in.

On one hand, there was no legislative framework to support decisions that reflect climate change risks.

On the other, ratepayers, through councils, possibly faced significant costs through legal action by not adequately factoring climate risks into their decision-making, that subsequently resulted in physical or economic harm.

"Without a national climate change adaptation framework, councils are in a grey area when working out how to protect their communities,'' Mr Cull said.

"LGNZ engaged Mr Hodder to give councils a better understanding of their climate change litigation risks when operating in this grey area, and what could happen if the courts start setting legal precedents rather than the Government.''

"Without the appropriate national standards and legislation, the Government is at risk of allowing a situation where the courts will develop legal rules, which would likely result in ever-changing requirements and tensions that would hinder proper planning and implementation of adaption measures.''

Mr Hodder's opinion highlights that, unless central government steps in, increased climate change litigation will consume councils' - and ultimately ratepayers' - resources and time, which would be better spent on ensuring the wellbeing and prosperity of their communities.

"To the Government's credit it has started to focus on the problem, thanks to the efforts of Climate Change Minister James Shaw, but we need more action in the adaptation policy space, and urgently,'' Mr Cull said.

"A stark truth that we have to accept is that New Zealand is a climate-taker, not a climate-maker.

"While we have a clear duty to do our part to reduce our carbon emissions, New Zealand accounts for less than 0.2% of global emissions, which means whatever our efforts in the mitigation space, we will not move the dial in any meaningful way.''

"What we are certain of is that we will bear the effects of a warming global climate in New Zealand, which we're seeing already.''

One new Auckland Council report notably revealed how more than 43,000 Aucklanders were directly threatened by rising seas, prompting warnings that home insurers may be forced in future to raise prices or withdraw coverage altogether.

"Unfortunately, adaptation policy has not received the same attention as mitigation measures,'' Mr Cull said.

"Mr Hodder's report makes it clear that these two areas need to receive equal attention from central government at a minimum.''

 

Comments

Lets hope any Government goes over project management with a fine tooth comb for all councils especially the DCC as imo they don't have a great track record. And any funds given are required to be fully accounted for and are not given in a lump sum. I hope the coin is put aside for each area and given when requested, I'd not trust the DCC or Otago regional councils project management.

The climate changes as it has always done during Earth's history and the council wants taxpayer money to do something about it. Better hurry up before the Sun burns out.