News Regulations25 May 2026

New Zealand:Government brings certainty to climate change tort law

| 25 May 2026

New Zealand plans to amend the country's climate law to prohibit liability arising from climate change damages. The Government has clarified that these amendments will provide businesses with certainty around their obligations.

The amended Climate Change Response Act 2002 will apply to both current and future court proceedings, including a current High Court case brought against six major emitters.

New Zealand’s Justice Minister Paul Goldsmith in an announcement on 12 May 2026 said, “The Government will amend the Climate Change Response Act 2002 to prevent findings of liability for tort for climate change damage or harm caused by greenhouse gas emissions in both current and future proceedings before the courts.

“The Government is acting now to provide legal clarity and certainty and to remove the possible development of a new regime that contradicts the framework Parliament has already enacted to respond to climate change. Our government is committed to fixing the basics, and certainty of law is essential for businesses to operate, attracting overseas investment, and stimulating economic growth.”

Climate change activists and critiques have, however, opposed the proposed amendments in the law. They said this is a controversial move that would shield polluters from climate lawsuits and undermine the rule of law.

Mr Goldsmith, in his announcement, however, said, “This law change will not alter the Government’s responsibilities under the Climate Change Response Act and businesses that have obligations under the ETS will still be required to meet them.”

“The courts are not the right place to resolve claims of harm from climate change, and tort law is not well-suited to respond to a problem like climate change which involves a range of complex environmental, economic and social factors.”

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