Greenwashing Litigation against Z Energy
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.
LCANZI’s statement on why we’re bringing the case
Emissions Trading Scheme Litigation
We successfully challenged decisions made by Cabinet and the Minister of Climate Change on NZ’s Emissions Trading Scheme, New Zealand’s main climate policy lever.
We were successful in our arguments that the Minister made fundamental mistakes when setting new price and unit settings. Our case resulted in the price of carbon under the ETS restoring and adding $3B to the value of carbon in the market
Judgment, 13 July 2023
Statement of claim, 9 May 2023
Submission on the proposed changes to NZ ETS limit and price control settings for units, 6 October 2022
Climate Change Commission Litigation
We are challenging the advice given by the Climate Change Commission to the Minister of Climate Change on the level of ambition in NZ’s emissions budgets and Nationally Determined Contribution. We think that both are too low, and mean NZ isn’t meeting its international obligations.
Court of Appeal Documents
Notice of Appeal for LCANZI appeal of the High Court judgment, 21 December 2022
LCANZI submissions for the Court of Appeal, 26 September 2023
LCANZI Roadmap of Submissions for the Court of Appeal, 20 November 2023
High Court Decisions
LCANZI v CCC judgment, 23 November 2022.
LCANZI reflections on the judgment, 5 December 2022.
Costs judgment, 16 March 2023.
High Court Documents:
Statement of Claim for the LCANZI judicial review of the Climate Change Commission’s advice, and our press release about the proceedings, 2 July 2021
Statement of Defence of the Climate Change Commission in response to LCANZI’s Statement of Claim, 5 August 2021
Amended Statement of Defence of the Climate Change Commission in response to LCANZI’s Amended Statement of Claim, 1 October 2021
Second Amended Statement of Claim of LCANZI in response to the latest NDC, 3 November 2021
Statement of Defence of the Minister for Climate Change in response to LCANZI’s Statement of Claim, 1 October 2021
High Court decision denying release of evidence and submissions until 28 February 2022, 22 October 2021
Evidence filed by LCANZI in support of its judicial review can be downloaded here
Road map for interested parties summarising LCANZI’s submissions
LCANZI’s submissions in support of judicial review, for 28 February 2022 hearing
Glossary of key terms
LCANZI’s hand up regarding admissibility of evidence, 28 February 2022
LCANZI’s hand up regarding net emissions, 28 February 2022
LCANZI’s hand up regarding amendment to relief sought in judicial review, 28 February 2022
Other LCANZI material relating to the proceedings:
Webinar discussing our proposed submission on the Commission’s draft advice, 8 March 2021
Presentation from our webinar on our proposed submission on the Commission’s draft advice, 8 March 2021
Press release on the Climate Change Commission’s final advice, 9 June 2021
Press release on Second Amended Statement of Claim, 4 November 2021
Press release regarding start of hearing of judicial review, 28 February 2022
Media:
RNZ article by Hamish Cardwell about our judicial review, 2 July 2021
Newsroom article by Marc Daalder about our judicial review, 2 July 2021
Guardian article by Eva Corlett, 2 July 2021
Stuff article by Olivia Wannan, 2 July 2021
NZ Herald article by Hamish Rutherford, 2 July 2021
Oxfam press release supporting our proceeding, 2 July 2021
Newsroom article by Marc Daalder with comments from an expert about our proceeding, 6 July 2021
Spinoff article by one of our members, Prof. Andrew Geddis, 8 July 2021
Opinion piece by Paul Winton, 12 July 2021
Statement from the Climate Change Commission | He Pou Rangi about our judicial review, 2 July 2021, and further response from the Commission, 14 July 2021
Press release on the NDC budget, 31 October 2021
RNZ interview on NDC budget 1 November 2021
Guardian article, 2 November 2021
Stuff article by Robert McLachlan, 2 November 2021
Stuff article by Todd Niall about our submission on Commission’s draft advice, 23 March 2021
Newsroom article by Marc Daalder about our submission on Commission’s draft advice, 30 March 2021
Correspondence with and submissions to the Commission and Minister:
Letter to the Climate Change Commission: Our views on the Commission’s legislative role, the importance of the 1.5C target pathways, and an ambitious NDC, 13 November 2020
Letter to the Climate Change Commission: Our views on the Commission’s legal obligations on NDC advice, and the emissions budget and reduction plan, 9 December 2020
Submission to the Climate Change Commission on their draft advice, 22 March 2021
Letter to the Minister for Climate Change regarding setting the NDC, 17 June 2021
Transport
LCANZI submission on the Auckland Council draft Regional Land Transport Plan, 2 May 2021
All Aboard! submission on the Auckland Council draft Regional Land Transport Plan, 2 May 2021
Radio interview by Corin Dann from Morning Report of LCANZI President, Jenny Cooper QC and Dewy Sacayan (Generation Zero campaigner and lawyer) regarding our submission, 5 May 2021
Stuff article: Lawyers say Auckland plan is 'unlawful' and emissions-boosting, by Todd Niall, 5 May 2021
Letter to the Board of Auckland Transport about the draft Regional Land Transport Plan, 18 May 2021
Spinoff article where we note the unlawfulness of the plan, 29 May 2021
Press release: Climate advocacy groups call on Government to dump Mill Road and give effect to Zero Carbon Act, 25 March 2021
Press release: Transport decision-makers unwilling to walk the talk on climate, 12 March 2021
Letter to Auckland Transport: Highlighting their legal obligations in relation to climate change, 16 June 2020
Open letter to de-carbonise Auckland Transport by 2030 (in support of Generation Zero), 23 September 2020
Stuff article (by the All Aboard! Campaign): Transforming transport or climate is key to reducing emissions in Auckland, 18 December 2020
Press release: Appeal Lodged Against Court Decision on Auckland Transport Plan Lawful, 4 August 2022
Decision-making / Judicial Review / Climate litigation
Webinar: Koi Tu - Centre for Informed Futures: Legal action as climate action, 14 July 2021
RNZ article citing our response to international climate litigation, 29 May 2021
Factsheet on when decision-makers legal obligation to consider the climate impact of their decisions, 14 April 2021
Useful external resources that discuss climate litigation include:
UN Environment Programme Finance Initiative and Minter Ellison Liability Risk and Adaptation Finance, April 2021
The Geneva Association Climate Change Litigation, 12 April 2021
Sabin Institute’s Climate Case Tracker - see here for cases from Aotearoa
Climate change adaptation
Letter to Nelson City Council regarding proposed library, 23 August 2021
Public awareness of climate change
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
Lawtalk article: “The right to a sustainable environment”, by Jamie Dobson, 25 March 2021
Lawtalk article: “Climate crisis: the cold hard facts about all that ‘hot air’”, 7 July 2019
RNZ article: Lawyers band together to dispel climate change scepticism, 26 November 2019
Climate change denialism: LCANZI complaint about the publication of an opinion piece by a climate change denialist and the Media Council’s decision on the complaint
Press release: Government’s Emissions Reduction Plan Consultation, 13 October 2021
Submission: Emissions Reduction Plan Consultation, 24 November 2021
Paper: ‘Climate change: what can lawyers do?’, Dr James Every-Palmer KC, 27 February 2023 (Reproduced from the CPD Day Conference 2023 with the kind permission of NZLS CLE Ltd)
Submission: Climate Change Commission’s draft advice on the second emissions reduction plan, 20 June 2023
Submission: New Zealand Law Society Climate Change Policy, 4 August 2023
NZBORA amendment
Letter to the Minister for Climate Change with our proposal to amend NZBORA, 25 November 2019
Letter of support for our amendment signed by 60 QCs, 25 November 2019
Factsheet about our proposal
Lawtalk article: “The right to a sustainable environment”, by Jamie Dobson, 25 March 2021
Climate Change Response Act
Submission: LCANZI submission on the Climate Change Response (Zero Carbon) Amendment Bill, 15 July 2019
Summary: The Select Committee accepted LCANZI submission – LCANZI Lawyers for Climate Action NZ welcomes progress on Zero Carbon Bill, 23 October 2019
Emissions Trading Scheme policy submissions
Article: Emissions Trading Scheme won’t achieve needed cut in emissions, 4 March 2020
Submission: Reforming the NZ ETS: Proposed Settings, 28 February 2020
Submission: Designing a governance framework for the New Zealand Emissions Trading Scheme, 17 September 2021
Submission: Reforming industrial allocation in the New Zealand Emissions Trading Scheme, 17 September 2021
Submission: Managing exotic afforestation incentives in the New Zealand Emissions Trading Scheme, 22 April 2022
Submission: Proposed changes to NZ ETS limit and price control settings for units for 2022, 6 October 2022
Submission: National direction for plantation and exotic carbon afforestation (NESPF), 18 November 2022
Submission: He waka eke noa, pricing agricultural emissions, 18 November 2022
Submission: Climate Change Response (Late Payment Penalties and Industrial Allocation) Amendment Bill, 6 April 2023
Submission: Annual updates to the NZ ETS limits and price control settings for units 2023 (consultation paper), 16 June 2023
Submission: Te Arotake Mahere Hokohoko Tukunga Review of the New Zealand Emissions Trading Scheme (discussion document), 11 August 2023
Resource Management Act
Letter to Minister: Call for urgent amendments to RMA to enable effect on climate to be considered, 9 October 2019
Submission: Transforming the Resource Management System, 3 February 2020
Submission: Encouraging measures to address climate change as part of freshwater management, 31 October 2019
Submission: Natural and Build Environment Bill and Spatial Planning Bill, 5 February 2023
Submission: Consenting improvements for renewable electricity generation and transmission, 1 June 2023
Animal agriculture
Submission: Support for changes to dairy industry to manage climate impact of diary, 9 October 2019
Climate-related financial disclosure
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
Director’s duties and corporate governance
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
Resources for law firms
Covid & Climate Change
Stuff article: Climate change: We're borrowing from our children, so let's make it count, 8 April 2020
Letter to the Prime Minister, 17 April 2020
Press release: Government has legal obligation to consider climate impact of spending, 30 April 2020
Letter to the Prime Minister, 30 April 2020
RNZ interview, 6 May 2020
Our submission to Auckland Council on their emergency budget, 18 June 2020
Our submission on Covid Recovery Fast-Track Consenting, 21 June 2020
Budget 2020
Press release: Budget 2020 - Our emissions future is in the hands of cabinet, 20 May 2020
Podcast: This Climate Business - Budget 2020 - The missed opportunity, 21 May 2020