New Zealand's climate backsliding triggers complaint under the European trade agreement
Both ENDS - an environmental justice organisation based in the European Union - has filed a complaint with the European Commission against New Zealand alleging New Zealand's actions are inconsistent with the climate and environmental provisions in the EU-NZ free trade agreement.
The actions of the New Zealand Government have brought about this complaint, and only the actions of the New Zealand Government can resolve it. Lawyers for Climate Action urge the Government to take this opportunity to engage with the EU regarding remedying potential breaches, and act to restore New Zealand's reputation as a reliable trading partner.
what is the complaint about?
Under the free trade deal, both the European Union and New Zealand agreed not to weaken or reduce environmental protection in order to encourage trade or investment, and to “effectively implement” the Paris Agreement.
The complaint focuses on the New Zealand Government's well-documented pattern of climate regression, including the enactment of the Climate Change (Tort Liability) Amendment Act; the repeal of the offshore oil and gas ban; the lowering of the 2050 Methane Target; and the failure to have in place a credible plan to meet New Zealand's first Nationally Determined Contribution.
Critically, the evidence the complaint relies on is primarily official government documents and statements, including (for example):
The Ministry of Foreign Affairs and Trade warned that reversing the offshore exploration ban could be inconsistent with several of New Zealand's trade agreements, including the NZ-EU free trade agreement.
The Government repeatedly claimed the Climate Change (Tort Liability) Amendment Act was needed to ensure business certainty and investor confidence (despite Ministry of Justice officials advising there was no evidence of this uncertainty.
The Government publicly admitted that the lower end of the amended 2050 Methane target was not aligned with the 1.5°C temperature goal, despite this being the international legal target.
The European Commission will consider the complaint and respond to Both ENDS. If it decides to take up the case, it can raise the matter with the New Zealand Government and hold formal consultations. If this does not lead to a resolution, it can appoint an independent panel of experts, which will publish its findings.
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