Submission: Climate Change Response (Tort Liability) Amendment Bill
July 2026
Rolling back progress on climate action
There is no denying that climate change is hurting us. In the last year alone, a storm has hit our communities once every eight days on average. These storms have been damaging to homes, communities, essential infrastructure, and most importantly have caused the loss of life. The January 2026 storms which hit the upper North Island caused the loss of 10 lives through the effects of landslides and flooding. Cumulatively, these storms are also bringing a significant financial cost to individuals, local councils and the governmen
At a time when climate change is causing harm to people’s lives, the Government’s proposal to further diminish the liability of Aotearoa New Zealand’s largest greenhouse gas emitters, and diminish legal avenues for accountability and justice is damaging.
● We make three comments on the implications on the Bill:First, the rationale of this Bill is flawed. There is no evidence to suggest that the courts will develop a “parallel and contradictory regime”, or that the live Smith v Fonterra has caused business uncertainty.
● Second, it extinguishes the ability for claims relating to harms or effects of greenhouse gas emissions through tikanga. Furthermore, there is no evidence that the development of the Bill included consultation with Māori, which undermines Te Tiriti o Waitangi.
● Third, it leaves Aotearoa New Zealand out of step with recent developments in international law, which provide that States have a strict due diligence obligation to regulate private actors.
● Fourth, as elaborated on below, it diminishes and undermines the convention of the separation of power, which is fundamental to a healthy democracy.