Raising Awareness On Climate Change Response (Tort Liability) Amendment Bill – St Peters on Willis Social Justice Group
As it snows in Wellington today Tuesday 4 August 2026 the Climate Change Response (Tort Liability) Amendment Bill Government Bill 330—1 has passed its second reading . The 3rd reading will be conducted at the next sitting day of Parliament. This Bill represents a significant constitutional risk and is being pushed through at a similar pace to the unravelling of the rights of women in the Equal Pay Amendment Act May 2025.
The Climate Change Response (Tort Liability) Amendment Bill was tabled to Parliament on 29th June with public submissions due by 9am on Monday 13th July and the oral submission hearing held the next day on Tuesday the 14th of July. The Justice Committee tabled its report on the 30th of July.
St Peter’s on Willis Social Justice Group submitted rejecting the Bill in its entirely with the following reasoning.
‘This Bill will interfere with the application of Tort which has a long history in Common Law, as an option to allow those affected by another’s actions to have that considered by the Court to permit redress for the damage done. The justifications of reduced litigation costs, increased investment certainty, signalling government support for business are not valid. The processes leading to the development of this legislation casts a shadow on the integrity of the processes of government, and raises issues with respect to the government’s trustworthiness of commitments made to various international agreements on the control of emissions.
The impact analysis of potential costs and benefits has been determined against unavoidable loss of income and wealth. The Social Justice Group was unable to source the detail of the analysis undertaken, but suspect it does not include estimations of loss of livelihood due to health impacts known or unknown, or the impact of activities undertaken by a business limiting options for other businesses due to the impact of emissions on their private property, or importantly the burden on society of premature loss of life (the statistical value of life) caused by emissions which could have been ameliorated by the application of new or alternative business practices.
A strong element of fairness is associated with proceeding with the current case Smith v Fonterra Co-operative Group Ltd CIV-2019-404-001730. Legislating to not allow the case to be taken overrides the Supreme Court decision, and Mr Smith’s expectation of continuing the proceeding. It deprives New Zealanders (including other businesses) and the New Zealand government of fully considering the consequences of business activities, or controlling emissions at a national level in terms of total emissions, international agreements and impact of climate change.
The Bill does not support the appropriate separation between the Government and the Courts to ensure the best tested outcomes in terms of democracy social justice and public interest. Court proceedings would allow a process that brings to light aspects and tests in an open forum issues affecting all parties which can be of great value for society and for government in terms of developing future legislation.
The retrospectivity of this Bill negates all of this. The Bill will restrict claimants bringing greenhouse gas emissions-related claims outside of a designated statutory mechanism. This tilts the playing field in favour of industry’s avoidance of responsibility to invest in known technically feasible processes designed to reduce emissions.
We have read and support fully the submission of Bill Atkin Emeritus Professor of Law Te Herenga Waka, Victoria University of Wellington.
The Social Justice Group is concerned that the wider existing right to take a case to determine redress for damages may be eroded; that the decisions of the Supreme Court are being overruled by government reducing the prospects of just outcomes; that robust legislation is developed considering all factors.’
Gail Duncan, chair of the Social Justice Group wishes to bring these concerns to your attention prior to the third reading of this Bill.
References: –
St Peter’s on Willis Social Justice Group – New Zealand Parliament
Bills (proposed laws) – New Zealand Parliament
Justice Committee on Vimeo
https://selectcommittees.parliament.nz/view/SelectCommitteeReport/880495e5-ccc2-4882-9a83-08deedc1dffb
General Assembly Strengthens Fight against Climate Change, Adopting Contentious, Yet Broadly Supported Draft among Several Texts on Myriad topics | UN Meetings Coverage and Press Releases
Climate Change Response (Tort Liability) Amendment Bill
