GREENWASHING LITIGATION AGAINST Z ENERGY
Greenwashing is one of the most important and rapidly developing areas of international climate law. It occurs where a company uses advertising and public messaging to appear more climate friendly and environmentally sustainable than it really is.
We are bringing NZ’s first greenwashing litigation alongside Consumer NZ and Environmental Law Initiative against Z Energy, one of New Zealand’s largest petrol companies.
We first made a complaint to the Commerce Commission in October 2022. And in November 2023, we filed proceedings:
LCANZI’s statement on why we’re bringing the case
In addition to bringing litigation against Z Energy, we have also made complaints against other organisations for greenwashing, such as our complaint against First Gas’ “zero carbon” advertisement:
Greenwashing: LCANZI complaint LCANZI complaint that First Gas’s advertisement that it is going “zero carbon” is misleading and socially irresponsible, 14 May 2021
ASA decision upholding our complaint, 22 July 2021
Spinoff article by Steven Price about the decision, 23 July 2021
CLIMATE-RELATED FINANCIAL DISCLOSURES
The Government has passed legislation making climate-related disclosures mandatory for some large companies. We were engaged in the development of this legislation, and continue to work on this regime.
Submission to the Select Committee on the Bill that introduces the Climate-Related Financial Disclosures regime, 28 May 2021
Factsheet on Climate-Related Financial Disclosures, 9 March 2021 (updated 19 April 2021)
Endorsement: LCANZI endorsement of Task Force on Climate-related Financial Disclosures, 8 August 2019
Submission: Climate-Related Financial Disclosures Discussion document, 13 December 2019
Submission: LCANZI submission to MBIE to better fund FMA climate role, 5 November 2021
Press release: LCANZI calls government to better fund FMA climate role, 5 November 2021
Submission: LCANZI submission to XRB on the Climate-related Disclosures Governance and Risk Management Consultation Document, 22 November 2021
Submission: LCANZI submission on XRB strategy and metrics consultation document, 2 May 2022
Stuff article: Explained: Why The Warehouse will have to reveal its climate position but Farmers won't, LCANZI interview, 9 July 2022
Submission: LCANZI submission to XRB final consultation on climate-related disclosures, 27 September 2022
DIRECTORS’ DUTIES
It’s important that directors understand their legal obligations in respect of climate change change, and we have been advocates for having clearer and stronger laws around what directors’ climate-related duties are:
Article: The Directors Duties Member's Bill – another distraction from real climate action? Emma Geard, 3 November 2021
Submission: Submission to NZX on corporate governance code, 1 February 2022
Submission: Submission on Companies (Directors Duties) Amendment Bill, 17 January 2023