WELLINGTON, May 12 (Reuters) – New Zealand’s government said on Tuesday it would change climate legislation to prevent courts from finding companies liable in private cases for climate change-related harm caused by greenhouse gas emissions.
Justice Minister Paul Goldsmith said the government would amend the Climate Change Response Act 2002 to apply to both current and future court proceedings, including a High Court case brought against six major emitters.
A litigation case brought by climate change activist Michael Smith against six major greenhouse gas emitters including dairy giant Fonterra Co-Operative Group is currently making its way through the courts with a trial date set for 2027. The novel case alleges the companies’ emissions have contributed to climate change and harmed his land, interests and cultural rights.
Goldsmith said the litigation was creating uncertainty for business confidence and investment, and that New Zealand’s response to climate change should be managed nationally through the country’s parliament, its Emissions Trading Scheme and existing climate legislation.
“The courts are not the right place to resolve claims of harm from climate change,” Goldsmith said, adding that tort law was not suited to the complex environmental, economic and social issues involved.
The government said the change would not alter its responsibilities under climate legislation or businesses’ obligations under the ETS.
(Reporting by Lucy Craymer; Editing by Lincoln Feast.)
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