Complaint to the European Commission regarding Aotearoa New Zealand

On September 29, 2026, Both ENDS, a Dutch environmental justice organisation, filed a formal complaint with the European Commission regarding the sustainability provisions of the European Union-New Zealand Free Trade Agreement (EU-NZ FTA). The complaint asks the European Commission to examine whether Aotearoa New Zealand has broken two articles under the EU-NZ FTA: not to weaken or set aside environmental laws in order to encourage trade or investment (Article 19.2(4) and (5)), and to effectively implement the Paris Agreement including refraining from any action or omission that materially defeats its object and purpose (Article 19.6).

The complaint points to various recent actions of New Zealand that have occurred since the NZ-EU FTA came into force, including the repeal of the ban on offshore oil and gas exploration and the enactment of the Climate Change Response (Tort Liability) Act 2026, which is alleged to reduce environmental protection that was in place when the agreement was signed and entered into force, and were done to attract or protect investment. The complaint alleges that recent actions taken together do not amount to the effective implementation of the Paris Agreement, including regulating private actors behind major sources of emissions.

The complaint is accompanied by supporting statements from New Zealand civil society and individuals: the Environmental Law Initiative, Greenpeace Aotearoa, Ngāti Pūkenga Iwi ki Tauranga Trust, OraTaiao: New Zealand Climate and Health Council, Mike Smith (Ngāpuhi, Ngāti Kahu) and Professor Emeritus Jane Kelsey, who speak for themselves, and is supported in Europe by La Via Campesina.