structural:scholar_edition, linguistic:voice_change, information:extraction
New Zealand

In 2024, the New Zealand Supreme Court gave leave for Māori climate activist Mike Smith to sue seven corporations for their roles in causing climate change and the common law harms that resulted. Several aspects of Smith v Fonterra Co-operative Group Limited are notable. Smith argued that the principles of tikanga Māori — a traditional system of obligations and recognitions of wrong — can be used to inform New Zealand common law. Smith argued that the activities of the seven defendants — by directly emitting greenhouse gasses or supplying fossil fuels — fall under the established torts of public nuisance and negligence and a new tort of climate change damage. Smith further argued that these seven corporations are harming his tribe's land, coastal waters, and traditional culture. Smith belongs to the Northland tribes of Ngāpuhi and Ngāti Kahu. This judgment simply allows Smith to pursue these matters in the High Court. The defendants have indicated that they will seek to convince the court that climate change responses are better left to government policy and not subject to civil litigation.