New Zealand passes bill preventing climate litigation against major emitters

Legislation barring climate activists from suing New Zealand’s largest corporate greenhouse gas emitters under tort law has passed its third reading in Parliament, winning approval by 67 votes to 53.

The Climate Change Response (Tort Liability) Amendment Bill removes the prospect of common law liability for major industrial emitters. Justice Minister Paul Goldsmith stated the law provides necessary commercial certainty by confirming that emissions policy sits squarely with elected government and parliament rather than the judiciary. Goldsmith maintained the bill does not remove existing rights from activist Mike Smith, who has pursued landmark legal action against firms including Z Energy and Fonterra, but rather eliminates uncertainty whilst the case navigates the courts.

Opposition parties launched severe criticism against the measure. Labour MP Camilla Belich rejected the government’s stance, arguing that individual rights were explicitly being stripped away and describing the urgent passage of the bill as a direct attack on legal certainty and democratic principles. Green Party MP Steve Abel condemned the government for acting against the public interest, alleging it ignored Ministry of Justice advice to protect vested corporate interests. Abel sparked points of order from the ACT Party after drawing comparisons to historical atrocities to illustrate the global scale of climate impacts.

Defending the legislation, ACT MP Simon Court insisted Parliament was fulfilling its duty by establishing law and preventing activists from bypassing democratic processes through parallel litigation. New Zealand First MP David Wilson supported the bill as a defense against spurious lawsuits, highlighting the efficiency of domestic agricultural producers. Te Pāti Māori co-leader Debbie Ngarewa-Packer denounced the law as protectionist for corporate polluters, citing undisclosed briefing documents from energy and dairy giants to the Prime Minister’s office that mirrored the final legislative text.

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