The Country
  • The Country home
  • Latest news
  • Audio & podcasts
  • Opinion
  • Dairy farming
  • Sheep & beef farming
  • Rural business
  • Rural technology
  • Rural life
  • Listen on iHeart radio

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • Coast & Country News
  • Opinion
  • Dairy farming
  • Sheep & beef farming
  • Horticulture
  • Animal health
  • Rural business
  • Rural technology
  • Rural life

Media

  • Podcasts
  • Video

Weather

  • Kaitaia
  • Whāngarei
  • Dargaville
  • Auckland
  • Thames
  • Tauranga
  • Hamilton
  • Whakatāne
  • Rotorua
  • Tokoroa
  • Te Kuiti
  • Taumurunui
  • Taupō
  • Gisborne
  • New Plymouth
  • Napier
  • Hastings
  • Dannevirke
  • Whanganui
  • Palmerston North
  • Levin
  • Paraparaumu
  • Masterton
  • Wellington
  • Motueka
  • Nelson
  • Blenheim
  • Westport
  • Reefton
  • Kaikōura
  • Greymouth
  • Hokitika
  • Christchurch
  • Ashburton
  • Timaru
  • Wānaka
  • Oamaru
  • Queenstown
  • Dunedin
  • Gore
  • Invercargill

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / The Country

Northlander's battle against big greenhouse gas emitters goes to Supreme Court

Imran Ali
By Imran Ali
Multimedia Journalist·Northern Advocate·
11 Aug, 2022 05:00 PM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
A Northland activist wants the Supreme Court to enforce a reduction in greenhouse gas emissions by the likes of Fonterra. Photo / NZME

A Northland activist wants the Supreme Court to enforce a reduction in greenhouse gas emissions by the likes of Fonterra. Photo / NZME

The Supreme Court will determine whether an earlier ruling by a subordinate court to dismiss a Northland activist's push to legally enforce a reduction in greenhouse gas emissions by corporate giants was correct.

Both the High Court and the Court of Appeal have ruled that Government legislation, rather than the courts, was the best way to address climate change.

Mike Smith (Ngāpuhi and Ngāti Kahu), the climate change spokesperson for the Iwi Chairs' Forum, took a case to the High Court in 2020 asking it to legally enforce a reduction in greenhouse emissions by corporate giants, including Marsden Pt-based New Zealand Refining Company, Fonterra, Genesis Energy, Z Energy, Dairy Holdings, New Zealand Steel and BT Mining.

He said their emissions have caused, and continued to cause, damage to his whenua and sites of cultural and historical significance for him and his whānau.

Smith said their emissions constituted a public nuisance and they continued to breach their duty by contributing to climate change.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The companies accepted climate change posed a challenge, and that New Zealand should transition to a lower carbon future. But they say Smith's claims were legally untenable and applied to strike them out.

The Supreme Court - the country's highest court - will consider whether his claims are clearly untenable and should not be allowed to proceed to trial.

Because of issues raised in the appeal, the court has granted consent to the lawyers for Climate Action NZ, Te Hunga Roia Maori o Aotearoa / The Māori Law Society and the Human Rights Commission to provide submissions.

Advertisement
Advertise with NZME.

The three-day appeal begins in Auckland on Monday.

In earlier appeals, Smith contended too little was being done in the political sphere on the issue of climate change, and called for a bold response from common law through the court.

The seven New Zealand companies were all involved in industries that either emit greenhouse gases or produce or supply products which release greenhouse gases when they are burned, he said.

These activities, Smith said, contributed to dangerous anthropogenic interference with the climate system and led to adverse climate events.

Discover more

High supermarket prices prompt more Northlanders to grow their own tropical fruit

19 Aug 05:00 PM

He said poor and minority communities would be disproportionately burdened by these adverse effects.

Save
    Share this article

Latest from The Country

The Country

From gumboots to storybooks: Farming with a twist of magic

The Country

Dave the lamb first to take up ferry's 'add a sheep' option

The Country

Regenerative farming family’s paddock to plate butchery


Sponsored

Farm plastic recycling: Getting it right saves cows, cash, and the planet

Advertisement
Advertise with NZME.

Latest from The Country

From gumboots to storybooks: Farming with a twist of magic
The Country

From gumboots to storybooks: Farming with a twist of magic

Emma Nowell transforms life on the land into art, children's stories and games.

25 Aug 12:23 AM
Dave the lamb first to take up ferry's 'add a sheep' option
The Country

Dave the lamb first to take up ferry's 'add a sheep' option

24 Aug 11:59 PM
Regenerative farming family’s paddock to plate butchery
The Country

Regenerative farming family’s paddock to plate butchery

24 Aug 10:25 PM


Farm plastic recycling: Getting it right saves cows, cash, and the planet
Sponsored

Farm plastic recycling: Getting it right saves cows, cash, and the planet

10 Aug 09:12 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP