Government clarifies climate change tort law

Businesses will now have certainty around their climate change obligations with legislation passing its final reading in Parliament today, Justice Minister Paul Goldsmith says.

“Ongoing litigation in the High Court, where an applicant has brought civil claims against six major businesses for their greenhouse gas emissions, risks developing a new regime that contradicts the framework Parliament has already enacted. It’s creating uncertainty in business confidence and investment.

“Therefore, the Government is amending the Climate Change Response Act 2002 to prevent findings of liability in tort for climate change damage or harm caused by greenhouse gas emissions in both current and future proceedings before the courts.

“The courts are not the right place to resolve claims of harm from climate change, and tort law is not well-suited to respond to a problem like climate change which involves a range of complex environmental, economic and social factors.

“Our response to climate change is best managed by the Government at a national level and not through piece-meal litigation in the courts. New Zealand already has a legal framework to manage greenhouse gas emissions set through Parliament through the Climate Change Response Act 2002 and the Emissions Trading Scheme.

“This law change will not alter the Government’s responsibilities under the Climate Change Response Act and businesses that have obligations under the ETS will still be required to meet them.

“Our government is committed to fixing the basics, and certainty of law is essential for businesses to operate, attracting overseas investment, and stimulating economic growth.”