New Zealand: Climate Tort Claims Against Corporate Emitters Can Proceed to Trial

In a landmark decision, the New Zealand Supreme Court ruled in Smith v Fonterra that Māori elder Mike Smiths climate change tort claims against seven of New Zealands largest greenhouse gas emitters can proceed to trial. The Court recognized that tort law could be used to challenge greenhouse gas emissions from private entities, overturning previous rulings that such matters were best left to other branches of government. Mr. Smith, an elder of the Ngāpuhi and Ngāti Kahu people, brought the claim as kaitiaki (guardian of the environment) acting on behalf of wai (freshwater), whenua (land), and moana (sea). The Court acknowledged that tikanga (Māori customary law) conceptions of loss could impact the tort claim. This decision opens the door for future climate accountability claims and has significant implications for private sector greenhouse gas emitters worldwide.