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Scoop
6 days ago
- Politics
- Scoop
ICJ Advisory Opinion On Climate Change
Today, the world's highest court, the International Court of Justice, released its landmark advisory opinion clarifying States' legal obligations in relation to climate change. 'The Advisory Opinion is incredibly significant. It is a defining moment for climate litigation and state responsibility on climate change', says Jessica Palairet, Executive Director of Lawyers for Climate Action NZ Inc. 'The 133-page judgment of the United Nations' top court found that: Greenhouse gas emissions have unequivocally caused climate change, which is an existential threat. States have legal duties to reduce emissions and regulate businesses' climate impacts. Granting fossil fuel exploration licenses or providing fossil fuel subsidies may constitute a breach of international law. States have to act in line with limiting warming to 1.5°C - not 2°C. States have to exercise due diligence and do everything possible to avoid causing significant harm to the climate system. States' obligations on climate change extend beyond climate treaties, also encompassing many other areas of international law, including human rights law, environmental law, and laws restricting cross-border harms.' 'The Advisory Opinion is non-binding, but it carries significant legal and moral weight. It provides an authoritative statement on states' obligations under international law that will be used by courts around the world, including in New Zealand, as they ask whether governments are meeting their legal obligations', says Palairet. 'In New Zealand, the Advisory Opinion is also of particular importance given our Free Trade Agreements with the European Union and United Kingdom require us to effectively implement the Paris Agreement. The Advisory Opinion provides greater clarity on what effectively implementing the Paris Agreement entails'. 'This Advisory Opinion provides a beacon of hope at a time when we are witnessing both the devastating impacts of climate change and backsliding from many countries, including New Zealand.' 'Our Government is set to make a series of important decisions on climate change in the coming weeks, including whether to cut our 2050 biogenic methane target to 14%. This judgment calls into question whether such a decision would be consistent with our international obligations, which require us to aim to limit warming to 1.5°C'. 'It also raises sharp questions around the Government's repeal of the ban on offshore oil and gas exploration, and recent announcement that it will provide $200m in co-investment for new gas fields. The ICJ has now made clear that this could constitute a breach of international law'. 'Today's opinion would not be here without the work of the Pacific Islands Students Fighting Climate Change, and the support of Pacific Island states, including Vanuatu. It is an incredible story of Pacific leadership on the world stage.'
Scoop
10-06-2025
- Politics
- Scoop
Legal Experts Sue Climate Minister Over Glaring Holes In Emissions Plan
Press Release – Lawyers for Climate Action Lawyers for Climate Action NZ and co-applicant the Environmental Law Initiative (ELI) allege the Governments plan fails to meet key requirements of the Climate Change Response Act. A coalition of legal experts has launched major legal proceedings against the Minister of Climate Change, alleging that the Government's emissions reduction plan fails to fulfil basic requirements of the law. 'Under the Climate Change Response Act, the Government has to put in place a credible emissions reduction plan for Aotearoa that will meet our climate targets and set us up for success,' says Lawyers for Climate Action NZ Inc Executive Director Jessica Palairet. 'Yet, in the face of warnings from our Climate Change Commission that there are 'significant risks' around whether New Zealand will meet its climate targets, the plan misses the mark. It takes a high-risk, forestry-led approach to emissions reductions. Our law requires more.' Lawyers for Climate Action NZ and co-applicant the Environmental Law Initiative (ELI) allege the Government's plan fails to meet key requirements of the Climate Change Response Act. 'As it stands, the Government's emissions reduction plan will carry huge consequences for our country. We don't take this step lightly, but the plan needs to be challenged,' says Ms Palairet. Under the Climate Change Response Act, governments must set an emissions reduction plan every five years. These plans outline economy-wide policies and strategies for meeting corresponding emissions budgets – which are stepping stones towards achieving our 2050 net-zero target. In 2024, the Government published the second emissions reduction plan, which will be operative from 2026 – 2030. Lawyers for Climate Action NZ and ELI challenge decisions relating to both the first emissions reduction plan (2021-2025) and the second emissions reduction plan (2026-2030). ELI's director, research and legal, Dr Matt Hall says 'the Government cancelled 35 climate policies and actions which were part of the first emissions reduction plan – without consulting the public first, as required by law. It then put in place a second emissions reduction plan which is almost devoid of actions or policies for reducing emissions at their source.' The NGOs allege that the second emissions reduction plan is unlikely to ensure emissions stay within the budget, has an unrealistic approach to risk management, and assumes that 95% of the planned emissions reductions will occur by themselves without policies or strategies. Instead of focusing on reducing emissions at source, Climate Change Minister Simon Watts instead relied heavily on offsetting the country's emissions with forestry plantations. 'This was despite warnings from the Climate Change Commission that tree planting is no substitute for reducing emissions at source. It locks-in vast pine plantations for future generations, and runs up against our obligations under the Paris Agreement. The science is clear that forestry is important, but it's not a substitute for reducing our combustion of fossil fuels,' says Dr Hall. Dr Hall says the Minister was required to publish a sufficiently detailed plan that could assure the public New Zealand will meet its emissions budget. The Government's plan does not give confidence; in our view, it is neither credible nor capable of achieving the purpose, which is to reduce emissions'. Lawyers for Climate Action NZ's Jessica Palairet says, 'The Minister has made the pathway for achieving the third emissions budget incredibly difficult. Left unchallenged, it will be a huge burden for the future.' 'We believe it is necessary to take this case to protect the interests of the public now and in the future, and to test these important legal provisions for the first time.' The application for judicial review has been filed with the High Court and is awaiting a court date. Notes:
Scoop
10-06-2025
- Politics
- Scoop
Legal Experts Sue Climate Minister Over Glaring Holes In Emissions Plan
Press Release – Lawyers for Climate Action Lawyers for Climate Action NZ and co-applicant the Environmental Law Initiative (ELI) allege the Governments plan fails to meet key requirements of the Climate Change Response Act. A coalition of legal experts has launched major legal proceedings against the Minister of Climate Change, alleging that the Government's emissions reduction plan fails to fulfil basic requirements of the law. 'Under the Climate Change Response Act, the Government has to put in place a credible emissions reduction plan for Aotearoa that will meet our climate targets and set us up for success,' says Lawyers for Climate Action NZ Inc Executive Director Jessica Palairet. 'Yet, in the face of warnings from our Climate Change Commission that there are 'significant risks' around whether New Zealand will meet its climate targets, the plan misses the mark. It takes a high-risk, forestry-led approach to emissions reductions. Our law requires more.' Lawyers for Climate Action NZ and co-applicant the Environmental Law Initiative (ELI) allege the Government's plan fails to meet key requirements of the Climate Change Response Act. 'As it stands, the Government's emissions reduction plan will carry huge consequences for our country. We don't take this step lightly, but the plan needs to be challenged,' says Ms Palairet. Under the Climate Change Response Act, governments must set an emissions reduction plan every five years. These plans outline economy-wide policies and strategies for meeting corresponding emissions budgets – which are stepping stones towards achieving our 2050 net-zero target. In 2024, the Government published the second emissions reduction plan, which will be operative from 2026 – 2030. Lawyers for Climate Action NZ and ELI challenge decisions relating to both the first emissions reduction plan (2021-2025) and the second emissions reduction plan (2026-2030). ELI's director, research and legal, Dr Matt Hall says 'the Government cancelled 35 climate policies and actions which were part of the first emissions reduction plan – without consulting the public first, as required by law. It then put in place a second emissions reduction plan which is almost devoid of actions or policies for reducing emissions at their source.' The NGOs allege that the second emissions reduction plan is unlikely to ensure emissions stay within the budget, has an unrealistic approach to risk management, and assumes that 95% of the planned emissions reductions will occur by themselves without policies or strategies. Instead of focusing on reducing emissions at source, Climate Change Minister Simon Watts instead relied heavily on offsetting the country's emissions with forestry plantations. 'This was despite warnings from the Climate Change Commission that tree planting is no substitute for reducing emissions at source. It locks-in vast pine plantations for future generations, and runs up against our obligations under the Paris Agreement. The science is clear that forestry is important, but it's not a substitute for reducing our combustion of fossil fuels,' says Dr Hall. Dr Hall says the Minister was required to publish a sufficiently detailed plan that could assure the public New Zealand will meet its emissions budget. The Government's plan does not give confidence; in our view, it is neither credible nor capable of achieving the purpose, which is to reduce emissions'. Lawyers for Climate Action NZ's Jessica Palairet says, 'The Minister has made the pathway for achieving the third emissions budget incredibly difficult. Left unchallenged, it will be a huge burden for the future.' 'We believe it is necessary to take this case to protect the interests of the public now and in the future, and to test these important legal provisions for the first time.' The application for judicial review has been filed with the High Court and is awaiting a court date. Notes:
Scoop
22-05-2025
- Business
- Scoop
Statement On 2025 Budget By Lawyers For Climate Action
Press Release – Lawyers for Climate Action The budget does not make the investments required to meet our 2030 Paris Agreement target. The government has accepted that there is an 84 million tonne CO2-e gap between what our domestic emissions reductions will achieve and what our 2030 target requires. The Government has today announced its 2025 budget. 'This is not a budget that will set Aotearoa New Zealand up to become a thriving low-emissions economy. It is distinctly unambitious and doesn't treat climate change as a priority', says Jessica Palairet, Executive Director at Lawyers for Climate Action NZ. 'This is another lost opportunity for New Zealand.' 'The transition to a low-emissions economy is an opportunity for New Zealand to improve its standard of living with a cheaper and more secure energy system powered by renewables, better public and active transport options, and to get ahead of climate risks by building our resilience and supporting adaptation in our most vulnerable communities.' 'This budget misses the mark. Rather than taking advantage of the opportunities the low-emissions transition presents, the budget embraces fossil fuels – providing $200M for the Government to invest in new gas fields. As many of our international peers move away from fossil fuels, we're doing the opposite.' And what about our Paris Agreement commitments? 'The budget does not make the investments required to meet our 2030 Paris Agreement target. The government has accepted that there is an 84 million tonne CO2-e gap between what our domestic emissions reductions will achieve and what our 2030 target requires. The 2025 Budget Economic and Fiscal Update acknowledges that 'it is likely that meeting this target would involve significant costs, starting within the current fiscal forecast period'.' 'Without allocating any money to filling that gap, it is hard to believe the Government is serious about meeting our international climate commitments', says Palairet. 'Failing to take active steps towards meeting its international climate obligations risks placing New Zealand in breach of its Free Trade Agreements with the European Union and the United Kingdom, possibly opening New Zealand up to the risk of trade sanctions.' 'The Government has also reduced the funding New Zealand provides to support our Pacific partners with climate finance, leaving a $100M per year gap. The investment provided under this budget falls well short of our commitment under the Paris Agreement, made worse by the fact that the funding tagged for international development cooperation is 'not exclusively focused on meeting climate finance objectives.' 'This budget was a missed opportunity. We call on the Government to properly consider climate opportunities and risks, and set New Zealand up for success into the future'. Lawyers for Climate Action NZ Inc is an incorporated society committed to using the law to drive action on climate change. We have no vested interest other than seeing New Zealand meaningfully contribute to the goals of the Paris Agreement in light of the science of climate change as expressed by the IPCC. More information about LCANZI can be found on our website:
Scoop
22-05-2025
- Business
- Scoop
Statement On 2025 Budget By Lawyers For Climate Action
The Government has today announced its 2025 budget. 'This is not a budget that will set Aotearoa New Zealand up to become a thriving low-emissions economy. It is distinctly unambitious and doesn't treat climate change as a priority', says Jessica Palairet, Executive Director at Lawyers for Climate Action NZ. 'This is another lost opportunity for New Zealand.' 'The transition to a low-emissions economy is an opportunity for New Zealand to improve its standard of living with a cheaper and more secure energy system powered by renewables, better public and active transport options, and to get ahead of climate risks by building our resilience and supporting adaptation in our most vulnerable communities.' 'This budget misses the mark. Rather than taking advantage of the opportunities the low-emissions transition presents, the budget embraces fossil fuels - providing $200M for the Government to invest in new gas fields. As many of our international peers move away from fossil fuels, we're doing the opposite.' And what about our Paris Agreement commitments? 'The budget does not make the investments required to meet our 2030 Paris Agreement target. The government has accepted that there is an 84 million tonne CO2-e gap between what our domestic emissions reductions will achieve and what our 2030 target requires. The 2025 Budget Economic and Fiscal Update acknowledges that 'it is likely that meeting this target would involve significant costs, starting within the current fiscal forecast period'.' 'Without allocating any money to filling that gap, it is hard to believe the Government is serious about meeting our international climate commitments', says Palairet. 'Failing to take active steps towards meeting its international climate obligations risks placing New Zealand in breach of its Free Trade Agreements with the European Union and the United Kingdom, possibly opening New Zealand up to the risk of trade sanctions.' 'The Government has also reduced the funding New Zealand provides to support our Pacific partners with climate finance, leaving a $100M per year gap. The investment provided under this budget falls well short of our commitment under the Paris Agreement, made worse by the fact that the funding tagged for international development cooperation is 'not exclusively focused on meeting climate finance objectives.' 'This budget was a missed opportunity. We call on the Government to properly consider climate opportunities and risks, and set New Zealand up for success into the future'. Lawyers for Climate Action NZ Inc is an incorporated society committed to using the law to drive action on climate change. We have no vested interest other than seeing New Zealand meaningfully contribute to the goals of the Paris Agreement in light of the science of climate change as expressed by the IPCC. More information about LCANZI can be found on our website:
