Explanation of litigation history by plaintiff organization.

On September 29, 2026, Both ENDS, a Dutch environmental justice organisation, filed a formal complaint with the European Commission regarding the sustainability provisions of the European Union-New Zealand Free Trade Agreement (EU-NZ FTA). The complaint asks the European Commission to examine whether Aotearoa New Zealand has broken two articles under the EU-NZ FTA: not to weaken or set aside environmental laws in order to encourage trade or investment (Article 19.2(4) and (5)), and to effectively implement the Paris Agreement including refraining from any action or omission that materially defeats its object and purpose (Article 19.6). 

The complaint points to various recent actions of New Zealand that have occurred since the NZ-EU FTA came into force, including the repeal of the ban on offshore oil and gas exploration and the enactment of the Climate Change Response (Tort Liability) Act 2026, which is alleged to reduce environmental protection that was in place when the agreement was signed and entered into force, and were done to attract or protect investment. The complaint alleges that recent actions taken together do not amount to the effective implementation of the Paris Agreement, including regulating private actors behind major sources of emissions.

The complaint is accompanied by supporting statements from New Zealand civil society and individuals: the Environmental Law Initiative, Greenpeace Aotearoa, Ngāti Pūkenga Iwi ki Tauranga Trust, OraTaiao: New Zealand Climate and Health Council, Mike Smith (Ngāpuhi, Ngāti Kahu) and Professor Emeritus Jane Kelsey, who speak for themselves, and is supported in Europe by La Via Campesina.

Complaint to the European Commission regarding Aotearoa New Zealand

<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>

Complaint to the European Commission regarding Aotearoa New Zealand - press release

Filed

On September 29, 2026, Both ENDS, a Dutch environmental justice organisation, filed a formal complaint with the European Commission regarding the sustainability provisions of the European Union-New Zealand Free Trade Agreement (EU-NZ FTA). The complaint asks the European Commission to examine whether Aotearoa New Zealand has broken two articles under the EU-NZ FTA: not to weaken or set aside environmental laws in order to encourage trade or investment (Article 19.2(4) and (5)), and to effectively implement the Paris Agreement including refraining from any action or omission that materially defeats its object and purpose (Article 19.6). 

The complaint points to various recent actions of New Zealand that have occurred since the NZ-EU FTA came into force, including the repeal of the ban on offshore oil and gas exploration and the enactment of the Climate Change Response (Tort Liability) Act 2026, which is alleged to reduce environmental protection that was in place when the agreement was signed and entered into force, and were done to attract or protect investment. The complaint alleges that recent actions taken together do not amount to the effective implementation of the Paris Agreement, including regulating private actors behind major sources of emissions.

The complaint is accompanied by supporting statements from New Zealand civil society and individuals: the Environmental Law Initiative, Greenpeace Aotearoa, Ngāti Pūkenga Iwi ki Tauranga Trust, OraTaiao: New Zealand Climate and Health Council, Mike Smith (Ngāpuhi, Ngāti Kahu) and Professor Emeritus Jane Kelsey, who speak for themselves, and is supported in Europe by La Via Campesina. 

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Complaint to the European Commission regarding Aotearoa New Zealand - press release

Target

Policy instrument

Fossil fuel

Greenhouse gas