The Supreme Court’s decision involving a Māori elder and climate change spokesperson for the Iwi Chairs Forum, a group of New Zealand tribal leaders, has attracted attention locally and internationally. He has won the right to sue some of New Zealand’s largest corporate greenhouse gas emitters, seeking to establish civil (tort) liability for their contributions to climate change. He argues that their actions have negatively impacted his family’s and tribe’s land, water, and cultural values.
The Supreme Court overturned lower court rulings which had struck out the claim, allowing him to present his case to the High Court. The defendants in the case include Fonterra, Genesis Energy, Dairy Holdings Limited, New Zealand Steel, Z Energy, Channel Infrastructure, and BT Mining. Collectively, they are responsible for more than one-third of New Zealand’s total reported greenhouse gas emissions.
Mr. Smith is not seeking damages, but rather a declaration that the defendants unlawfully breached a duty owed to him or contributed to a public nuisance, and, in an injunction requiring the defendants to reach net zero emissions by 2050. If successful, this case may pave the way for new climate change litigation both in New Zealand and internationally.
The Supreme Court noted that while the common law has not previously grappled with a crisis as expansive as climate change, the questions raised warrant a trial and determination upon evidence. Furthermore, the court will have to consider Māori customary lore as part of the case, as Mr. Smith will argue that tikanga Māori should play a role in determining the outcome of the case.
Mr. Smith’s case may develop into a tort lawsuit dealing with climate system damage, which could potentially have far-reaching implications for future climate change cases both in New Zealand and beyond. If successful, his case could establish a legal precedent for holding corporate greenhouse gas emitters accountable for their impact on the environment and communities.