Mr. Teitiota came to New Zealand from Kiribati in 2007 and remained after his permit expired in 2010. After being apprehended following a traffic stop, Mr. Teitiota applied for refugee status under s 129 of the Immigration Act 2009 and/or protected person status under s 131. The basis for Mr. Teitiota’s application was that his homeland, Kiribati, is facing steadily rising sea water levels as a result of climate change, and that over time, the rising sea water levels and associated environmental degradation will force the inhabitants of Kiribati to leave their islands.

A Refugee and Protection Officer declined Mr. Teitiota’s application. Mr. Teitiota then appealed against the Officer’s decision to the Immigration and Protection Tribunal. While the Tribunal accepted that Mr. Teitiota’s concerns about Kiribati and its future were justified, it dismissed his appeal, holding that he was neither a refugee within the meaning of the Refugee Convention nor a protected person within the meaning of the International Covenant on Civil and Political Rights (“ICCPR”). 

The Tribunal found that the Appellant could not be recognized as a refugee under Article 1(A)(2) of the Refugee Convention. The Tribunal found that there was no evidence that the appellant’s life would be in jeopardy due to the environmental conditions in Kiribati, or that he would be subject to any particular interpersonal threats due to disputes over land. The effects of environmental degradation were faced by the population generally, not by members of particular groups, as required by the Refugee Convention definition ([75]). 

The Tribunal also found that the appellant was not a protected person under the ICCPR. The appellant failed to establish that there was a sufficient degree of risk to his life or that of his family at the time of the decision. Since the Kiribati government is active in international negotiations about climate change, and is cognizant of and trying to ameliorate the threats posed to its population, there is no indication the appellant will be “arbitrarily deprived” of his right to life pursuant to Article 6 of the ICCPR ([88]). 

Mr. Teitiota then sought leave from the High Court to appeal against the Tribunal’s decision on a question of law, identifying six possible questions of law. The High Court declined the application, holding that none of the six questions raised an arguable question of law of general or public importance. The High Court did note that, as correctly recognized by the Tribunal, there is a complex inter-relationship between natural disasters, environmental degradation and human vulnerability, and that “sometimes a tenable pathway to international protection under the Refugee Convention can result” ([27]). 

Mr. Teitiota sought leave from the Court of Appeal to appeal to the High Court. That application was also refused, with the Court of Appeal finding that none of the six questions were sufficient to justify the grant of leave. The Court of Appeal did note that “no-one should read this judgment as downplaying the importance of climate change. It is a major and growing concern for the international community. The point this judgment makes is that climate change and its effect on countries like Kiribati is not appropriately addressed under the Refugee Convention” ([41]). 

Subsequently, Mr. Teitiota sought leave to appeal to the Supreme Court of New Zealand against the Court of Appeal’s decision. The Supreme Court agreed with the lower courts, finding that in the particular factual context of this case, the questions identified did not raise an arguable question of law of general or public importance ([12]). The Supreme Court did note that both the Tribunal and High Court had emphasised that their decisions did not mean that environmental degradation resulting from climate change or other natural disasters could never create a pathway into the Refugee Convention or protected person jurisdiction, and that the Supreme Court’s decision “should not be taken as ruling out that possibility in an appropriate case” ([13]). 

Note: Refer also to the United Nations Human Rights Committee Views adopted on Teitiota Communication (https://climatecasechart.com/non-us-case/un-human-rights-committee-views-adopted-on-teitiota-communication/).

AF (Kiribati) | Teitiota v The Chief Executive of Ministry of Business, Innovation and Employment

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

AF (Kiribati) | Teitiota v The Chief Executive of Ministry of Business, Innovation and Employment - decision

Filed

New Zealand

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt freshwater systems to climate change.

Actions to adapt human health, healthcare systems and well-being to climate change.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

People who have left their homes, whether through force, voluntarily, or a mixture of both

woman and genders outside of the gender binary

Households employing domestic workers, for activities like cooking, cleaning and subsistence farming, for their own use.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

AF (Kiribati) | Teitiota v The Chief Executive of Ministry of Business, Innovation and Employment - decision

Risk

Impacted group

Economic sector

Adaptation/resilience

Finance