Lawyers for Climate Action NZ

We have just made a submission on the Crown Minerals Amendment Bill, which proposes repealing the 2018 ban on new offshore oil and gas exploration. We think that this Bill, in respect of which the general public has been given an alarmingly short time for consultation, is blatantly inconsistent with New Zealand’s climate change obligations. This warning was even given to the Government by its own officials, who noted that it could place NZ in breach of its obligations under Free Trade Agreements and the Paris Agreement. (https://lnkd.in/gh2GMfF6) With this Bill promising to result in a “substantial increase in emissions”, it also leaves the path to meeting New Zealand's climate obligations increasingly unclear and high risk. The proposed provisions around decommissioning also could place significant costs on future taxpayers, by leaving New Zealand with no recourse if a mining company ceased to exist, had insufficient assets to pay, or if its assets were in jurisdictions where New Zealand’s rights of recovery were not recognised.  These are all highly likely scenarios – there are already plenty of contaminated sites in Aotearoa New Zealand caused by private companies that are no longer around to clean them up.  For years now, the evidence has been unequivocal: new fossil fuel extraction projects are incompatible with limiting warming to 1.5°C and meeting the goals of the Paris Agreement. If we are serious about preventing dangerous climate change, Aotearoa New Zealand must phase out its reliance on oil and gas and commit to a fully renewable energy system. You can read our full submission here:

The Government is considering rolling back two fairly new pillars of New Zealand’s climate corporate governance framework. We’re concerned about this, so we have written to the Minister for Commerce and Consumer Affairs and the Minister for Climate Change. Last week, Minister Bayly flagged that he was considering removing directors' personal liability under the mandatory climate-related disclosures regime, with the aim of incentivising more companies to list on the NZX. And this past month, the Government also announced that it is proposing to repeal s 131(5) of the Companies Act 1993. This section was only introduced in August 2023. It explicitly allows directors to consider broader factors—such as environmental, social, and governance matters—when considering what is in the best interests of the company, not just profit maximisation. Now is not the time to weaken our climate corporate governance laws, and we question the rationale for both changes. You can read our full letter here. 

How can the law drive greater climate action and accountability? 🌏 We are excited that on 9 September 2024, our Executive Director, Jessica Palairet, and co-founder James Every-Palmer KC will be speaking on a panel at the Climate Change & Business Conference 2024, sharing our different perspectives on inspiring climate action along with Emily Mabin Sutton, Qiulae Wong-Anthony, and chaired by Shay Schlaepfer. James and Jessica will be talking about how climate litigation and robust laws can drive more integrity and ambition on climate change, and help bridge the gap between climate commitments and action. The conference is a fantastic opportunity to engage in meaningful discussion with others passionate about the intersection between business and climate. Register here: https://cvent.me/nYABW2   #CCBC24 #leadingclimateaction #sustainablebusiness Sustainable Business Council NZ, Environmental Defence Society (EDS), Climate Leaders Coalition

With many companies finalising their climate-related disclosures at the moment, making sure scenario analysis is accurate is critical for directors and the general public to accurately weigh up the risks and opportunities of climate change.  We've written to the Financial Markets Authority, emphasising the need for accurate scenario analysis in climate-related disclosures. We're concerned that the emissions reduction pathway used by some climate reporting entities for their 1.5°C scenario does not align with the rapid decarbonisation actually needed to limit warming to 1.5°C. That’s because many seem to be using the Climate Change Commission’s “Tailwinds Scenario” for their 1.5˚C scenario analysis. But in our ongoing judicial review against the Climate Change Commission and Minister for Climate Change, the High Court accepted our point that this scenario isn't consistent with what the IPCC says is required to limit warming to 1.5°C. Paul Winton has made a video series explaining this point more: https://lnkd.in/gTgwf8-f It’s complicated, but really important that we get this right. If New Zealand companies aren’t accurately assessing what is required to limit warming to 1.5°C, it risks creating a false sense of security by underestimating the level of risk and transformation required. 

Interested in learning more about climate litigation trends and New Zealand's Climate Change Response Act from leading international experts? At 9am on Thursday, 29 August, we're holding a free joint webinar with the London School of Economics' Grantham Research Institute on Climate Change & the Environment on global climate litigation trends and what they mean for Aotearoa New Zealand. The Grantham Institute has published two significant reports about global climate litigation trends and the impact of climate framework laws on the response to climate change. We'll be hearing from two authors of the reports, Catherine Higham and Alina Averchenkova, followed by a Q&A. Make sure you register at this link - https://lnkd.in/gBN6EaCf Please email admin@lawyersforclimateaction.nz if you have any questions.

We are excited to be hiring a solicitor to join our team! At Lawyers for Climate Action NZ, we use the law to enable more effective action on the climate crisis. This is a really unique opportunity for a motivated lawyer to use their legal skills and experience to make a meaningful difference in New Zealand’s climate response, and play a key role in our growing portfolio work. Applications close 5pm on Friday 13 September.

We are pleased to see the Government's decisions on ETS settings released this morning. The Government has largely followed the Climate Change Commission's recommended settings, including by reducing the supply of NZUs in future years. In doing so, they have helped restore some much needed confidence to the ETS market.    This is the first time the new Government has made decisions on the ETS settings. In the consultation process we warned that taking a loose approach to unit supply and the auction price floor would see a repeat of the mistakes that led to our successful judicial review of the 2022 ETS settings.   Given the importance of the ETS to the Government's climate strategy, we're pleased to see a final decision which maintains the price floor and tightens unit supply.   While the ETS still has flaws – particularly the treatment of forestry and the free allocation to industry – these are steps in the right direction. https://lnkd.in/g9CZWJPw

The London School of Economics' Grantham Research Institute on Climate Change & the Environment and Lawyers for Climate Action NZ Inc are holding a joint webinar about global climate litigation trends and the impact of climate framework laws on the response to climate change. The Grantham Institute has recently published two significant reports: 📈 Global Trends in Climate Litigation: 2024 Snapshot 🌏 Impacts of Climate Framework Laws: Lessons from Germany, Ireland, and New Zealand Two authors of the reports, Catherine Higham and Alina Averchenkova, will present their key conclusions for New Zealand, how our legal framework and climate litigation more generally fit into the global picture, and what lessons we might be able to learn from other countries. Their presentation will be followed by a Q&A. When: 9am, 29 August 2024 Register at this link: https://lnkd.in/gBN6EaCf Please email admin@lawyersforclimateaction.nz if you have any questions.

Join us for drinks and nibbles at our Annual General Meeting on 22 August, either in-person in Wellington or Auckland, or over Zoom. We have had a big year, so come to hear more about our work and also hear our co-founder, Dr James Every-Palmer KC present about the state of play in climate law and policy. Register now by following this link: https://lnkd.in/gz8RiTKv. When: Thursday 22 August 2024, 5.30-6.30pm. In-person attendees can stay for drinks and nibbles from 6.30-7.30pm. Where:  Auckland: The Flagship, 55 Madden Street, Wynyard Quarter, Auckland Central Wellington: Stout Street Chambers, 6th Floor Huddart Parker Building, No. 1 Post Office Square, Wellington  Zoom option also available RSVP: RSVP by getting a ticket to this event.

You can read our thoughts on the Climate Change Commission's first emissions reduction monitoring report here: https://lnkd.in/gav52qdq Under the Climate Change Response Act 2002, the Minister for Climate Change is under a legal obligation to ensure that our emissions budgets are met. But the Climate Change Commission warns that there "significant risks" to meeting future budgets, and recommends that the Government strengthen its climate policies and strategies if we are to meet our targets.