decision

BZ (Tuvalu) v Chief Executive of the Ministry of Business, Innovation and Employment - decision

Litigation

Sabin

Sabin Litigation

Filing Year For Action

The case was brought as a humanitarian appeal by the appellants (a husband, wife, and three children) against their deportation liability, which arose when their presence in New Zealand became unlawful. The primary issue in this case was whether there were exceptional humanitarian circumstances and whether the best interests of the three children, having regard to the challenging circumstances they would face on their return.

Regarding all the relevant factors, including climate change, Tribunal Member Clayton, on July 23, 2025, allowed the appeal and directed that the appellants be granted resident visas.

The Tribunal noted the effects of climate change, including intensified water insecurity and reduced food availability. As to the relevance of disasters and climate change, the Tribunal noted the decision of AD (Tuvalu), where the Tribunal stated that exposure to the impacts of natural disasters in general terms can constitute a circumstance of a humanitarian nature, and that it is widely accepted that the effects of climate change can adversely affect the enjoyment of basic human rights. The Tribunal accepted that the appellants were understandably concerned for their own well-being and especially for their children’s future in an increasingly climate-change impacted Tuvalu. The Tribunal also accepted that the appellants’ “climate anxiety” which, as the parents of three young children, was pivotal in their decision to leave Tuvalu. Despite no psychological evidence presented, the Tribunal factored the children's climate anxiety into its assessment of humanitarian factors. 