We hold companies to account
Meaningful corporate accountability on climate action is a critical piece of the climate puzzle.
We’re challenging greenwashing, so that companies are honest with customers about their impact on the climate. We’re working to shift the economic incentives and flow of finance away from high-polluting areas by requiring and enforcing transparent and accurate climate reporting.
We’ve also supported the novel use of tort law to hold high-polluting companies to account for the harms of their emissions in the Supreme Court.
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NZ's First Climate Greenwashing Case
Greenwashing case against Z Energy
We are bringing NZ’s first greenwashing litigation alongside Consumer NZ and Environmental Law Initiative against Z Energy, one of New Zealand’s largest petrol companies.
Z Energy claimed it was “in the business of getting out of the petrol business”, citing its biofuel manufacturing plant, roll out of electric vehicle chargers in petrol stations and move into electricity retailing as examples.
The crux of our case is that we are seriously concerned that Z Energy has made numerous public claims which create the impression it is making bold changes to significantly reduce its emissions and is urgently mitigating its contribution to the climate crisis. In reality this is not the case at all.
We first made a complaint to the Commerce Commission in October 2022. And in November 2023, we filed proceedings:
LCANZI’s statement on why we’re bringing the case
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Our Successful complaint against First Gas
Advertising Standards Authority complaint of greenwashing
In 2021, we successfully complained against First Gas’ advertising that it was going “zero carbon”.
In their ads, First Gas claimed:
“New Zealand’s heading towards zero carbon so we’re ensuring our gas is going zero carbon too. You know what that means for you? Absolutely nothing. You can continue doing what you love. And help change the world, without changing too much of yours. Find out more at gasischanging.co.nz.”
We complained to the Advertising Standards Authority that the ads were greenwashing, as they made unsubstantiated claims. At the Authority, First Gas acknowledged that “any large-scale changes are still some way off”.
The Advertising Standards Board upheld our complaint.
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Smith v Fonterra: A New Era for Tort Law?
Appearing as intervener in the Supreme Court
In 2023, Lawyers for Climate Action NZ appeared as intervener in the Supreme Court hearing, Smith v Fonterra.
In a landmark judgment, the Supreme Court unanimously agreed not to strike out Mr Smith’s claims that seven of New Zealand’s largest emitting companies could be held liable under tort law for the harms of their emissions.
The Supreme Court, however, was not prepared to find that the causes of action were untenable - allowing Mr Smith to get “his day in court”.
Lawyers for Climate Action, represented by Jenny Cooper KC, James Every-Palmer KC, and Jack Cundy, appeared in the Supreme Court as intervener, and supported Mr Smith’s claims. You can read our submissions here.
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