Taking the Tort Prohibition to the UN Special Rapporteur on human rights and climate change

Together with Mike Smith (Ngāpuhi and Ngāti Kahu), the National Iwi Chairs Forum Pou Tikanga, Climate Clinic Aotearoa (a youth coalition), we have lodged a complaint with the United Nations Special Rapporteur on the promotion and protection of human rights in the context of climate change, Elisa Morgera, concerning the New Zealand Government's proposed Tort Prohibition.

Announced on 12 May 2026, the Tort Prohibition would amend the Climate Change Response Act 2002 to extinguish tort liability for greenhouse gas emissions, including in Mr Smith's ongoing Supreme Court reinstated proceeding against seven of New Zealand's largest corporate emitters.

The complaint raises serious concerns about both procedural defects and substantive inconsistencies with the rule of law, the separation of powers, and New Zealand's binding international human rights obligations, including the right of access to a court, minority rights under Article 27 of the ICCPR, and the climate due diligence obligations articulated by the International Court of Justice in its July 2025 Advisory Opinion.

"The Tort Prohibition is not just bad climate policy. It strikes at the very heart of the rule of law, the separation of powers, and the right of New Zealanders to have their day in court"

Laura MacKay, Acting Executive Director

The Government's own officials advised that there is no evidence the proceeding was having any measurable impact on business confidence, and that the constitutional and access-to-justice costs outweigh any certainty a bar might provide. Despite that, the Government is pressing ahead. This is compounded by information recently revealed about corporate lobbying to the Prime Minister's Office for exactly this law change.

“Securing a livable planet is everyone’s responsibility; Governments, companies, individuals and the courts all play a vital role. The Tort Prohibition directly threatens our ability to achieve meaningful climate action through the law.”

Rilke Comer, Co-Chair of Climate Clinic Aotearoa

A special thank you to volunteers from Climate Clinic Aotearoa for all their research and work undertaken to draft the submission.

About the complainants:

• Mike Smith: Mr Smith is an elder of Ngāpuhi and Ngāti Kahu. He has been engaged in environmental advocacy for more than 30 years. He is the plaintiff in Smith v Fonterra, as well as a separate case against the Government, Smith v Attorney-General, for its alleged inadequate action in relation to climate change.

  The National Iwi Chairs Forum Pou Tikanga: The National Iwi Chairs Forum works collaboratively on key priorities of iwi within the National Iwi Chairs Forum; and advocates the collective priorities of the iwi within the National Iwi Chairs Forum in discussions with others, recognising the rangatiratanga/independence of iwi.

• Climate Clinic Aotearoa: Climate Clinic Aotearoa is a coalition of students and young professionals dedicated to creating and supporting effective legal solutions to climate change. As a youth-led organisation, we represent young persons from a wide variety of backgrounds, all vulnerable to climate degradation.

• Lawyers for Climate Action:Lawyers for Climate Action is an incorporated society of lawyers who use the law to enable more effective action on climate change in Aotearoa New Zealand. They bring this complaint in the public interest, having regard to the serious threat posed by the climate crisis to all New Zealanders and to the importance, both domestically and internationally, of ensuring that the New Zealand Government meets its international obligations.

For more information or comment:Contact Mike Smith, Tina Ngata (National Iwi Chairs Forum Pou Tikanga), Rilke Comer (Climate Clinic Aotearoa: aotearoa@climateclinic.org.nz) or Laura MacKay (laura@lawyersforclimateaction.nz).