February 08, 2024
Smith to grill climate polluters
The Supreme Court has given climate activist Mike Smith the green light to put some of the country’s largest companies on the stand over the way their activities are heating the planet.
Mr Smith is suing seven of the country’s greenhouse gas-emitting companies, including Fonterra, Dairy Holdings, New Zealand Steel, Z Energy and Genesis.
After five years of battling through the lower courts over whether he could even take the action, the Supreme Court turned down applications to have the case struck out because it has no chance of success.
It says his prospects will depend on the quality of evidence he can bring.
Mr Smith, who is climate change spokesperson for the Iwi Chairs Forum, is charging the companies with public nuisance and negligence, and also alleges they have a duty under common law to stop contributing to damage to the climate system.
The Supreme Court also said the trial court will also need to grapple with questions raised about tikanga and his assertion he is a kaitiaki acting on behalf of the whenua, wai and moana.