Government move to block climate lawsuits undermines democratic accountability

The Environmental Law Initiative (ELI) says it is deeply concerned that the Government’s proposed changes to climate law will weaken the ability for people to hold powerful actors to account through the courts. 

The changes would prevent courts from hearing claims about climate harm, removing the fundamental right for people to have their day in court. 

“At its core, this is about democracy and the rule of law,” says ELI’s Senior Legal Advisor Eliza Prestidge Oldfield. 

“When you take away people’s ability to go to court, you take away a fundamental check on power. That should concern every New Zealander.” 

ELI says the move is particularly troubling because it intervenes directly in an active and significant legal case. 

The law change appears aimed at shutting down the landmark case by Mike Smith versus New Zealand’s largest corporate emitters, including Fonterra, Genesis Energy, Dairy Holdings, NZ Steel, Z Energy, and BT Mining, before it can proceed.  

Mr Smith had endured multiple attempts by the companies to have his right to be heard squashed or made too expensive, including in the High Court, Court of Appeal and the Supreme Court.   

In February 2024, the Supreme Court determined that the case was brought in the public interest and should proceed.   

“Instead of letting the judiciary do its job and test the law, the Government is rewriting the rules to avoid scrutiny, on behalf of some of New Zealand’s wealthiest corporations,” says Prestidge Oldfield. 

The organisation says courts play an essential role in ensuring laws are working as intended. 

“Courts have an important role in climate accountability and in testing whether current laws are adequate. Removing this avenue for scrutiny is a huge step backwards for New Zealand.” 

ELI also criticised the Government’s justification that climate change should be dealt with through national policy rather than the courts.  

A case earlier this year by ELI and Lawyers for Climate Action highlighted serious deficiencies in the Government’s climate policies, assumptions, and decision making. 

“It’s a bit rich for the Government to say climate is best dealt with as a national policy issue when they’re busy scrapping climate action.”