<
https://theconversation.com/nz-wants-to-end-climate-lawsuits-how-does-that-sit-with-its-international-commitments-285348>
"A climate change lawsuit making its way through the courts continues to prove
one of New Zealand’s most historic legal cases.
The case, brought by iwi leader and climate activist Mike Smith, seeks to hold
several major companies, including Fonterra and Z Energy, legally responsible
for their greenhouse gas emissions.
It has already prompted the government to reform New Zealand’s climate laws to
prevent companies being sued for damages caused to the climate by their
emissions.
Having just been introduced under urgency to parliament, where it passed its
first reading yesterday, the
Climate Change Response (Tort Liability)
Amendment Bill would apply to both current and future cases if enacted.
The government’s reasoning is that climate policy should be decided by elected
officials and existing laws, not by the courts, to ensure “legal clarity and
certainty” for businesses around their obligations.
Now the dispute has taken another turn. Smith has filed fresh proceedings in
the High Court, asking for a declaration that the government’s decision to
introduce the law change – and the process behind it – were unlawful.
There are many interesting aspects of these cases that legal observers will be
following closely. Among them is whether New Zealand’s proposed law change is
consistent with the international climate commitments it recently endorsed."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
