28 August 2026
New Zealand’s Shameful Climate Tort Law – And What Climate Lawyers Can Learn from It
New Zealand’s Climate Change Response (Tort Liability) Amendment Act became law on 24 August 2026. The Act is the first national law to comprehensively rule out civil liability for activities that cause harm by contributing to climate change. The stagnating political salience of climate change presents significant challenges for climate lawyers, who must consider the viability of their claims in both courts and the political process. Continue reading >>
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17 March 2024
Tort Law and New Zealand’s Corporate Greenhouse Gas Emissions
In February 2024, the New Zealand Supreme Court overturned the previous strike outs in the case of Michael John Smith in tort against seven major New Zealand companies in the dairy, energy, steel, mining and infrastructure sectors. Smith asserts that the respondents are engaging in conduct that affects him and others, and has put them into legal connection with one another in ways that enable appropriate remedy. This is heartland common law territory. Even though the climate change problems we are now grappling with may be new ones, the centuries-old practices and traditions of the common law are a part of New Zealand’s constitutional heritage and structure. Litigation is a legitimate vehicle for members of the population to engage the law in the face of harm or threats to individuals’ rights and well-being. Continue reading >>
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24 March 2022
Climate Law as a ‘Living Tree’
Last year, the Australian decision of a Federal Court judge in Sharma v Minister for the Environment made headlines around the world. In the decision, the judge found that the Federal Environment Minister owed Australian children a duty of care to prevent harm from climate change. This year, the Sharma case has once again attracted attention, albeit for the opposite reason. In March 2022, the Full Court of the Federal Court allowed the Minister’s appeal and overturned the primary judge’s finding of a novel duty of care. This decision has emphasised the limits of legal concepts and courts in addressing future climate damages. However, the unfavourable outcome does not mark the end for climate litigation in Australia. Continue reading >>
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