Press release
New Zealand parliament closes courthouse doors to climate harm tort claims
18 August 2026
ClientEarth has condemned the New Zealand Parliament's passage of the Climate Change Response (Tort Liability) Amendment Bill, warning that the legislation sets a dangerous precedent and shields major greenhouse gas emitters from legal accountability and undermines access to justice for communities hit the hardest by the impacts of climate change .
The Bill, which will now enter into law, bars climate-related tort claims, including existing proceedings that have not yet been finally determined by the courts.
The legislation amends New Zealand's Climate Change Response Act 2002 to create a statutory bar on tort liability for emissions-related climate change effects. It was introduced following lobbying from the defendants in landmark Smith v Fonterra proceedings, after the New Zealand Supreme Court ruled in 2024 that Mike Smith's climate claims against several major corporate emitters could proceed to trial.
The Bill also applies to existing proceedings that have not been finally determined before it comes into force, effectively preventing existing claims such as Smith v Fonterra from being heard by the courts.
The New Zealand Government’s Justice Committee recommended that the Bill be passed without amendment despite significant public opposition raised during the select committee process. Of the 623 submissions, 93% opposed the Bill and only 2.6% supported it.
Laura Clarke, CEO of ClientEarth, said:
"This sets a troubling precedent by removing a legal avenue that courts around the world are increasingly being asked to consider, as communities seek accountability for climate harms.
"The effect of this legislation is clear: it would shield major greenhouse gas emitters while restricting the public's ability to seek justice for climate harm.
"With climate change already causing untold damage and costing taxpayers billions, it is indefensible to protect a handful of large polluters from accountability, including by interfering with claims such as Mike Smith's, which the Supreme Court has ruled should be heard.
"This is a political choice to prioritise short-term private profit over fairness, accountability and the rule of law."
Mike Smith, the plaintiff in the case that triggered this Bill, said:
"Every week brings fresh images of forests on fire, towns underwater and families fleeing disasters that scientists have warned about for decades. The climate emergency is no longer measured in scientific reports. It is measured in funerals, evacuations, destroyed homes and shattered livelihoods.
"There is a profound moral failure in allowing the companies that have profited from climate pollution to use their political influence to avoid answering before a court. Communities are paying the price while powerful corporate interests seek immunity from accountability."
ENDS
Notes to editors:
About ClientEarth
ClientEarth works in over 50 countries across Africa, the Americas, Asia-Pacific and Europe. We shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive.
We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world.