In June 2026, Mike Smith (Ngāpuhi and Ngāti Kahu), the National Iwi Chairs Forum Pou Tikanga, Climate Clinic Aotearoa (a youth coalition), and Lawyers for Climate Action NZ submitted a complaint to the United Nations Special Rapporteur on the promotion and protection of human rights in the context of climate change, regarding the New Zealand Government's announcement of May 12, 2026. In the announcement, the Government announced its intention to amend the Climate Change Response Act 2002 to bar existing and future civil claims in tort for loss or harm arising from greenhouse gas emissions (the "Tort Prohibition").

The complainants assert that the Tort Prohibition would extinguish potential tort liability for greenhouse gas emissions, including in Mr Smith's ongoing proceeding against seven of New Zealand's largest corporate emitters, Smith v Fonterra, which the Supreme Court of New Zealand had reinstated and allowed to proceed to substantive trial following strike-out decisions in the lower courts. 

The complaint raises concerns about procedural defects in the Government's decision-making and substantive inconsistencies with the rule of law, the separation of powers, and New Zealand's obligations under international human rights law, including the right of access to a court. This includes an assertion that the Tort Prohibition is inconsistent with the rights of persons belonging to minorities to enjoy their own culture under Article 27 of the International Covenant on Civil and Political Rights, given the centrality of tikanga to Smith v Fonterra. It is further asserted that the Tort Prohibition is inconsistent with New Zealand's stringent due diligence obligations to protect the climate system, being a necessary precondition of the exercise and enjoyment of human rights as articulated by the International Court of Justice in its Advisory Opinion of July 23, 2025, including through the regulation of private actors within the State's jurisdiction.

Smith, Climate Clinic Aotearoa, National Iwi Chairs Forum Pou Tikanga and Lawyers for Climate Action NZ v 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>

Smith, Climate Clinic Aotearoa, National Iwi Chairs Forum Pou Tikanga and Lawyers for Climate Action NZ v New Zealand - press release

Filed

International

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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

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

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

Smith, Climate Clinic Aotearoa, National Iwi Chairs Forum Pou Tikanga and Lawyers for Climate Action NZ v New Zealand - press release

Policy instrument

Impacted group

Just transition

Greenhouse gas