Press Release: Supreme Court declines LCANZI leave to appeal application

Just before Christmas, the Supreme Court declined our application for leave to appeal our judicial review against the Climate Change Commission and Minister of Climate Change. This brings this case, which we first filed in 2021, to a close. 

We challenged the Climate Change Commission's early advice to the Minister of Climate Change, which the Minister relied on when setting our NDC and emissions budgets. We brought together 7 leading experts from around the world to show that New Zealand's climate targets are not 1.5°C aligned and use creative accounting methodologies that artificially inflate our ambition. We argued that New Zealand's targets fell outside the guardrails imposed by the Climate Change Response Act 2002, the Bill of Rights Act, and international law. 

We succeeded on some aspects of the challenge in the lower courts, such as the reviewability of the Climate Change Commission's advice, but did not ultimately succeed in showing that the decisions and advice were contrary to law. The Supreme Court's decision means we will not be able to test these issues in New Zealand's highest court. 

Although we are disappointed with this outcome, this case has brought significant scrutiny and transparency to New Zealand's climate response. New Zealand's response to the climate crisis has long lacked ambition, and this case has highlighted frailties in our central climate framework law that effectively allow New Zealand to continue on its low-ambition pathway. That we are a small country does not excuse us from pulling our weight, and our law should be amended to reflect this. 

However, as unambitious as our climate targets are, we still have a way to go to meet them - and rather than strengthening our climate response, the Government has been weakening it, including by proposing to strip back the Climate Change Commission's role. We are now seeing the heartbreaking consequences of a changing climate in real time across the North Island of New Zealand. The time for action is now. 

While we still disagree with aspects of the Climate Change Commission's 2021 advice, the Climate Change Commission has proven that it is an essential and respected independent body. As the Court of Appeal said: "the Commission's role is more than just influential, it is critical to the achievement of [our climate] objectives". And as the Supreme Court emphasised in its leave to appeal decision, "New Zealand's response to climate change is obviously a matter of considerable public importance". 

This case was brought entirely pro bono, with enormous effort from Jenny Cooper KC, Dr James Every-Palmer KC, Martin Smith and Sean Coupe from Gilbert Walker, and seven experts. Thank you all for the time and energy you gave - this case simply could not have happened without you.

Although we were unsuccessful in this case, we will continue using the law to increase the accountability and ambition of New Zealand's climate response.