The government of New Zealand announced plans to change its climate change laws to prevent civil lawsuits against companies for environmental harm caused by their greenhouse gas (GHG) emissions, in a move described by Justice Minister Paul Goldsmith designed to “provide legal clarity and certainty” for businesses.
The initiative comes as five of New Zealand’s largest corporate emitters, including diary giant Fonterra, face lawsuits filed by Maori climate activist Mike Smith, which were given permission to proceed by the Supreme Court last year, and were set to go to trial in 2027.
Goldsmith, addressing Smith’s lawsuits, said that the change to the climate change law would apply to both current and future proceedings before the courts.
Goldsmith said:
“Ongoing litigation in the High Court, where an applicant has brought civil claims against six major businesses for their greenhouse gas emissions, is creating uncertainty in business confidence and investment that the Government must address.”
Under the new proposal, the government said that it aims to amend New Zealand’s Climate Change Response Act 2002, in order to prevent findings of liability for climate change damage or harm caused by greenhouse gas emissions through the courts.
Noting that New Zealand’s climate change law already provides a legal framework enabling the government to manage greenhouse gas emissions, Goldsmith said that “our response to climate change is best managed by the Government at a national level and not through piece-meal litigation in the courts.”
In a radio interview following the announcement, Smith sharply criticized the government’s move, calling it “an affront to democracy.”
Smith said:
“If Parliament can cancel a live court case, then no legal claim is secure at all, once it becomes politically inconvenient.”
