We’re backing a complaint to the EU over New Zealand’s climate rollback
ELI has co-sponsored a complaint alleging that the New Zealand Government has breached climate commitments in Chapter 19 of the European Union–New Zealand Free Trade Agreement.
The complaint has been lodged with the European Commission by Dutch environmental organisation Both ENDS. It was submitted through the European Commission's Single Entry Point, a mechanism for civil society organisations to raise concerns about compliance with sustainable development provisions in European Union (EU) trade agreements. This is the first civil society complaint for climate regression under any EU trade agreement.
The complaint points to a series of decisions by the current Government that have wound back New Zealand's climate action, most recently through the Climate Change Response (Tort Liability) Amendment Act, which bars the Smith v Fonterra climate case and any future civil climate claims in tort. This recent law change sits alongside a long list of other climate policy shifts, such as the reversal of the ban on offshore oil and gas exploration and weakening methane reduction targets.
The complaint asks the European Commission to engage with the New Zealand Government under the FTA and seek compliance with the climate commitments. It is directed at the Government's conduct, not at specific exporters or sectors.
“This is a watershed moment for international accountability on climate change. New Zealand made a commitment to the EU to honour the Paris Agreement. By backsliding on climate, the current Government is ignoring the concrete legal effect of these commitments – undermining our international trade advantages while putting New Zealand’s environment and the global climate further at risk.”
Both parties agreed to these obligations, and both are expected to uphold them. The Government has brought this challenge on itself through a series of measures that have substantially weakened New Zealand's climate response.
“The legislation preventing future climate claims in tort was the final straw.”
“Parliament has passed a law that shut down a climate case heading to trial, after lobbying by the very companies defending the claim. That isn't climate policy. It's shielding polluters from accountability."
“The International Court of Justice has been clear that developed countries like New Zealand must take the lead in cutting emissions, and trade agreements increasingly reinforce those responsibilities. The trade deal with the EU is clear: the Government must meet its obligations under the Paris Agreement.”
