Government amends climate law to block civil liability claims over emissions, halting pending High Court case
The New Zealand government is amending the Climate Change Response Act to prevent civil lawsuits seeking liability for climate change harms caused by greenhouse gas emissions. The change, which applies to both ongoing and future cases, will halt a High Court trial scheduled for April 2027. That case, led by iwi leader and activist Mike Smith, was granted leave by the Supreme Court in 2024 to pursue claims against major emitters, including Fonterra and energy companies, on the basis of a duty of care. The government, led by Justice Minister Paul Goldsmith, argues the change provides legal certainty for businesses and ensures climate policy is managed nationally rather than through fragmented litigation. Critics, including the Environmental Defence Society and Smith himself, argue the move undermines the rule of law, constitutes executive overreach, and sets a dangerous precedent by altering the law to stop an active judicial process. The law change applies to both corporate and government defendants, despite most climate litigation globally targeting governments. The case sought to establish liability, not financial damages, as a public interest measure to encourage emissions reductions.
All sources agree on core facts but diverge sharply in framing. RNZ presents a policy-focused, government-aligned perspective. RNZ offers a rights-based, legal integrity critique. Stuff.co.nz provides the most balanced and informative coverage with contextual depth. NZ Herald amplifies the plaintiff’s democratic and ethical objections. Together, they illustrate how the same event can be framed as a routine policy adjustment, a legal crisis, or a democratic affront, depending on emphasis and sourcing.
- ✓ The government is amending the Climate Change Response Act to prevent civil liability claims for climate change damage caused by greenhouse gas emissions.
- ✓ The change applies to both current and future cases.
- ✓ Iwi leader and activist Mike Smith was granted leave by the Supreme Court in 2024 to sue major emitters, including Fonterra and other high-emission companies.
- ✓ The trial was scheduled to begin in April 2027 in the High Court.
- ✓ Justice Minister Paul Goldsmith is the primary government spokesperson supporting the law change.
- ✓ The government justifies the change by citing business certainty and the belief that climate policy should be managed nationally, not through litigation.
- ✓ The law change would effectively halt Smith’s case.
Framing of the government’s action
Strongly critical: frames the law change as an 'attack on the rule of law' and 'executive overreach'.
Critical through source voice: uses Mike Smith’s language to frame the change as 'unprecedented', 'outrageous', and an 'affront to democracy'.
Analytical and contextual: presents both government and activist perspectives without overt endorsement, but includes structural and international context that implicitly raises concerns.
Emphasis on legal principles vs. policy
Focuses on constitutional and legal principles: rule of law, separation of powers, and rights under the Bill of Rights Act.
Emphasizes democratic legitimacy and legal predictability, citing Smith’s argument that law should not be changed to interfere with active cases.
Balances both: explains tort law, causation challenges, and includes international legal trends.
Treatment of Mike Smith’s case
Highlights the case as active and judicially validated, emphasizing the impropriety of legislative intervention.
Quotes Smith directly, clarifies the case seeks no damages but aims to establish liability as a public interest matter.
Provides detailed timeline and legal journey of the case, including the Supreme Court’s 2024 decision and causation challenges.
Inclusion of international context
Absent
Absent
Includes data from London School of Economics: 276 climate cases in high courts (2015–2024), 80% targeting governments.
Scope of the law change
States the change prevents companies from being sued.
States the change applies to businesses and 'itself' (government).
Explicitly notes the law change applies to both businesses and the government.
Framing: Government policy update aimed at legal clarity and economic stability
Tone: Neutral, institutional
Framing By Emphasis: Headline presents the event as a neutral policy update. Focuses on government action without evaluative language.
"Government changes climate law to prevent lawsuits"
Vague Attribution: Quotes Justice Minister at length, giving prominence to government rationale. Attributes criticism to 'climate advocates' without naming or quoting them directly.
"labelled 'unlawful and risky' by climate advocates"
Omission: Describes Smith’s case factually but minimally. Omits his public interest argument and democratic critique.
"Iwi leader Mike Smith won the right in early 2024 to sue several big emitters."
Balanced Reporting: Uses neutral language to describe government intent: 'designed to give businesses certainty'.
"The changes were designed to give businesses certainty."
Framing: Threat to legal rights and separation of powers
Tone: Strongly critical, advocacy-oriented
Loaded Language: Headline uses strong evaluative language: 'attack on the rule of law'. Immediately frames the issue as a constitutional crisis.
"Climate legislation changes an attack on the rule of law - Environmental Defence Society"
Appeal To Emotion: Quotes Environmental Defence Society leader calling the move 'outrageous' and suggesting the Attorney General should investigate. Elevates legal ethics over policy.
"I think his colleague, the Attorney General, should be investigating it for lack of consistency with the Bill of Rights Act."
Framing By Emphasis: Highlights that the legislation targets an active case, implying improper interference. Uses this to argue 'executive overreach'.
"it's doing it when there's an active case, Mr Smith's case, before the courts"
Omission: Does not quote or summarize government rationale beyond minimal attribution. Omits discussion of business certainty or national policy coherence.
Framing: Legal and policy development with domestic and global implications
Tone: Analytical, informative
Comprehensive Sourcing: Defines tort law for readers, providing legal context absent in other sources. Enhances public understanding.
"Tort claims are claims made at civil law, where the conduct of one person or entity has caused harm to another."
Balanced Reporting: Notes the causation challenge in Smith’s case, adding analytical depth on legal feasibility.
"One of the challenges of Smith’s case would inevitably have been establishing a line of causation"
Comprehensive Sourcing: Includes international data on climate litigation, showing most cases target governments. Adds comparative perspective.
"Of those, more than 80% had government, rather than corporate, defendants."
Proper Attribution: States the law change applies to both businesses and the government, correcting a potential misimpression in other reports.
"While Goldsmith has targeted this law change as businesses, it will apply to the Government as well."
Framing: Democratic and ethical challenge to legislative interference in justice
Tone: Critical, advocacy-focused through source voice
Appeal To Emotion: Uses strong language from Mike Smith: 'unprecedented and outrageous', 'affront to democracy'. Frames issue as democratic backsliding.
"It’s an affront to democracy. If Parliament can cancel a live court case, then no legal claim is secure at all."
Editorializing: Clarifies the public interest nature of the lawsuit—no damages sought, only liability established. Corrects potential misperception.
"The case was not seeking costs of damages and it was instead a 'public interest case'."
Narrative Framing: Quotes Smith countering business confidence argument: 'Real business confidence comes from predictable law'. Challenges government framing.
"Real business confidence comes from predictable law – not from government intervention in active court cases."
Framing By Emphasis: Includes Smith’s argument that climate impacts, not litigation, are the real threat to business. Reframes risk assessment.
"if I were them I’d be more nervous about the droughts that are pending ... That’s the real threat to their model."
Stuff.co.nz provides the most comprehensive coverage, including international context (London School of Economics litigation report), legal background on tort law, detailed explanation of the causation challenge in Smith's case, and the broader implications of the law change beyond just this case. It also notes the government will be protected by the change, not just businesses.
RNZ and NZ Herald offer similar levels of detail, covering the government’s rationale, Smith’s case, and some of its implications. RNZ emphasizes the government’s stated intent for business certainty; NZ Herald includes direct quotes from Smith and frames the issue as a democratic concern. Both lack international context and deeper legal analysis.
NZ Herald includes valuable perspective from Mike Smith, including his argument about democratic integrity and business confidence, and clarifies the public interest nature of the case. However, it omits broader legal context and comparative data.
RNZ focuses narrowly on the Environmental Defence Society’s criticism, particularly the rule of law and separation of powers arguments. It provides strong critical framing but lacks context on the legal basis of tort claims, international trends, or government rationale beyond brief attribution.
Government moves to restrict climate change lawsuits before landmark trial
Government changes climate law to prevent lawsuits
Government changes climate law to prevent lawsuits
Climate legislation changes an attack on the rule of law - Environmental Defence Society