New Zealand’s government has announced that it plans to amend the country’s signature climate law to prohibit liability arising from climate change damages, a controversial move that critics say would shield polluters from climate lawsuits and undermine the rule of law. It comes amidst recent legislative action from Republican lawmakers in the U.S. to similarly restrict liability for climate-related harms.
According to a May 12 announcement, the New Zealand government intends to update the nation’s Climate Change Response Act to preclude liability in climate tort claims for harms from flooding, wildfires, storm damage, drought and sea level rise caused by greenhouse gas emissions. The amendment would block both current and future lawsuits—including a landmark climate case filed against a handful of major polluters that is slated to go to trial next year.
New Zealand Justice Minister Paul Goldsmith specifically referenced that case, called Smith v. Fonterra, as grounds for the government taking action to restrict liability. He said the lawsuit was “creating uncertainty in business confidence and investment” and that the legislative change is needed to protect businesses and deliver certainty around their legal obligations.
