Environmental organisations, legal experts and academics are urging the Government to reverse proposed law changes they say would shield major greenhouse gas emitters from being held legally responsible for climate-related harm.
The coalition of NGOs, climate scientists and legal academics says proposed amendments to the Climate Change Response Act would severely limit the ability of individuals, communities and iwi to take legal action against major polluters over damage linked to climate change.
The Government argues climate change liability issues should be managed through national climate policy and emissions regulation rather than through the courts. Ministers say tort law is not the appropriate mechanism for resolving complex climate-related disputes involving multiple industries and global emissions sources.
Critics say the proposed changes would effectively protect large corporate emitters from accountability while communities continue facing rising costs from floods, storms, coastal erosion and other climate-related disasters.
Much of the concern centres around the high-profile Smith v Fonterra case, brought by Māori climate advocate Mike Smith of Ngāpuhi and Ngāti Kahu, who is seeking to hold several major companies accountable for their contribution to climate change and its impacts on whenua, moana and future generations. The Supreme Court previously allowed the case to proceed, marking a potentially significant moment in international climate litigation.
Legal groups argue the Government’s proposed amendments would effectively shut down current and future climate-related lawsuits before courts have the opportunity to fully examine them.
Academics and environmental advocates also warn the move raises broader constitutional concerns about Parliament intervening to limit the courts’ role in developing common law responses to emerging crises such as climate change.
Climate campaigners say Māori communities are among those most vulnerable to climate impacts, particularly in coastal and rural areas already experiencing flooding, infrastructure damage and environmental degradation linked to extreme weather events.
The proposed changes come amid growing criticism of the Government’s wider environmental policies, including expanded mining activity, oil and gas exploration and weakened methane reduction targets. Environmental groups argue the latest move further undermines New Zealand’s international climate commitments.
The Government maintains climate action is best delivered through existing emissions reduction plans and the Emissions Trading Scheme, rather than through costly and uncertain litigation.
Debate over the proposed law changes is expected to intensify as climate litigation becomes an increasingly important tool internationally for communities seeking accountability from governments and large corporations over climate harm.
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