Taeka v Chief Executive of the Ministry of Business, Innovation and Employment

This was a humanitarian appeal by the appellants, a husband and wife who are citizens of Tuvalu, against their liability to deportation, arising from their unlawful presence in New Zealand. The appeal included the couple's three children. Of primary issue to the case was whether there are exceptional humanitarian circumstances arising from the best interests of the three children, in them remaining in New Zealand, considering Tuvalu's vulnerability to the extreme effects of climate change and likelihood of being underwater in the near future. On December 18, 2024, Tribunal member Aitchison ultimately allowed the appeal and directed a grant of a 12-month temporary visa to the appellants and their children. Of particular note, the Court considered that it was in the best interests of the children that they remain with their parents in New Zealand at this time partly because, fundamentally, children will have greater exposure to climate-change-related stressors in their lives, and are more vulnerable to the effects of a direct experience of climate change.