New Zealand to block climate‑damage lawsuits
SkimNews Take
The proposed ban on tort liability for climate damage shifts the financial burden of climate impacts from emitters to the public, potentially disincentivizing private sector emission reductions.
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- New Zealand government announced plans to amend the Climate Change Response Act to preclude liability for climate tort claims arising from flooding, wildfires, storm damage, drought and sea‑level rise caused by greenhouse‑gas emissions.
- Paul Goldsmith cited the Smith v Fonterra case as a reason for the amendment, arguing the lawsuit creates uncertainty for business confidence and investment.
- Smith v Fonterra – the landmark climate tort case slated for trial in April 2027 – would be blocked by the proposed amendment, which would also bar any current or future climate‑damage lawsuits.
- Greenpeace Aotearoa called the amendment an abuse of executive power that shields major emitters and undermines the courts’ role in protecting public interest.
- Lawyers for Climate Action said the move raises fundamental issues for the environment and the constitutional role of the courts, putting big emitters’ interests over those of impacted communities.
- Sam Bookman described the legislation as “deeply cynical” and warned it interferes with the world’s most advanced climate tort case.
- Genesis Energy welcomed the amendment, saying climate policy should be addressed through legislation rather than courts, a view also shared by Z Energy.
Why it matters: Businesses and large emitters gain legal certainty and protection from costly climate‑damage suits, while affected communities and climate advocates lose a crucial avenue for holding polluters accountable, shifting climate accountability from courts to legislation ahead of a pivotal election that could reshape the country’s climate policy direction.
