Consumer NZ Inc v Z Energy Ltd

In November 2023, three NGOs - Consumer NZ, The Environmental Law Initiative, and Lawyers for Climate Action NZ Inc - filed a complaint against Z Energy Ltd, a petroleum retailer in New Zealand. This is Aotearoa New Zealand’s first climate “greenwashing” case In 2022, Z Energy began an advertising campaign referred to as “Moving with the Times”. The Plaintiffs allege that aspects of the advertising campaign amount to misleading or deceptive conduct in breach of section 9 of the Fair Trading Act 1986. The complaint details claims that Z Energy has made, which the Plaintiffs claim give the impression that Z Energy is taking action to significantly reduce its greenhouse gas emissions. These claims include that Z Energy is (1) reducing its emissions, (2) getting out of the petrol business, (3) has built a biofuel plant, and (4) is rapidly expanding its electric vehicle (EV) charging network. The plaintiffs argue that these statements do not align with Z Energy’s policies and actions, and accordingly, they say that Z Energy has breached section 9, which prohibits “misleading and deceptive conduct”. The defendant filed an application that the Plaintiffs further particularise their claim. On 23 July 2024, the High Court determined that some aspects of the claim could be further particularised.