Smith v Minister of Justice

In June 2026, Mr. Smith filed a proceeding in the High Court, challenging Justice Minister Paul Goldsmith’s announcement that he will introduce legislation to amend the Climate Change Response Act 2002 to prevent tort-based climate litigation, including with retrospective effect.

In the announcement, the Minister expressed that "[o]ngoing litigation in the High Court, where an applicant has brought civil claims against six major businesses for their greenhouse gas emissions, is creating uncertainty in business confidence and investment that the Government must address." He further stated that "the Government will amend the Climate Change Response Act 2002 to prevent findings of liability for tort for climate change damage or harm caused by greenhouse gas emissions in both current and future proceedings before the courts." This is in reference to Mr Smith's existing case, Smith v Fonterra, against six of New Zealand's largest corporate emitters.

The claim challenges both the Minister’s announcement and the Cabinet process and decision behind it. Mr Smith alleges that the decision was unlawful on several grounds, including that:
(i) The decision was reached with input from the defendants in Mr Smith’s existing case, Smith v Fonterra, in a way that was hidden from the public record and amounts to procedural impropriety;
(ii) The decision directly concerns Mr Smith’s rights in an existing High Court claim, but was made after consulting with the defendants and without consulting him;
(iii) Cabinet decided to remove Mr Smith’s rights without considering how the defendants would compensate for the damage they have caused, contrary to principles in the Regulatory Standards Act 2025; and
(iv) The announcement was made, at least in part, knowing and intending it would disrupt the High Court process, and was therefore made for an improper purpose.

Plaintiff seeks a declaration that the Minister’s announcement and the Cabinet decision were unlawful.