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Consumer NZ Inc v Z Energy Ltd - petition

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Consumer NZ Inc v Z Energy Ltd - judgment

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Consumer NZ Inc v Z Energy Ltd - settlement agreement

Filing Year For Action

In November 2023, three NGOs - Consumer NZ, The Environmental Law Initiative, and Lawyers for Climate Action NZ Inc - filed a complaint against Z Energy Ltd, a petroleum retailer in New Zealand. This is Aotearoa New Zealand’s first climate “greenwashing” case

In 2022, Z Energy began an advertising campaign referred to as “Moving with the Times”. The Plaintiffs allege that aspects of the advertising campaign amount to misleading or deceptive conduct in breach of section 9 of the Fair Trading Act 1986. 

The complaint details claims that Z Energy has made, which the Plaintiffs claim give the impression that Z Energy is taking action to significantly reduce its greenhouse gas emissions. These claims include that Z Energy is (1) reducing its emissions, (2) getting out of the petrol business, (3) has built a biofuel plant, and (4) is rapidly expanding its electric vehicle (EV) charging network. The plaintiffs argue that these statements do not align with Z Energy’s policies and actions, and accordingly, they say that Z Energy has breached section 9, which prohibits “misleading and deceptive conduct”.

The defendant filed an application that the Plaintiffs further particularise their claim. On 23 July 2024, the High Court determined that some aspects of the claim could be further particularised. 

On 2 November 2025, it was announced that a settlement had been reached between the plaintiffs and Z Energy. While Z Energy did not admit liability, it apologised for any confusion caused by parts of its campaign and to any customers who thought Z was going to stop selling petrol any time soon. When Z Energy made the statement in 2022 that “We’re in the business of getting out of the petrol business”, it did not intend to convey that it was stopping selling petrol any time soon. The NGOs and Z Energy collectively called for bipartisan policies and strategies to ensure New Zealand’s emissions-reduction targets are met, with Z emphasising the need for the government to create supportive policy frameworks and regulations that encourage the adoption of alternative energy solutions. 

Consumer NZ Inc v Z Energy Ltd

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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.

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

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

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.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

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 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

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

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.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

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

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.

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.

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

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

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

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.

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

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

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.

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.

Consumer NZ Inc v Z Energy Ltd - petition

Target

Policy instrument

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance