Why does this matter?

NZBORA provides significant protection for human rights in New Zealand. The right to a climate system capable of sustaining human life is fundamental to a free and ordered society, and we must expressly recognise this right. This would be an important change to our legal framework that would promote Government action consistent with a sustainable environment and facilitate New Zealand’s transition to a low emissions economy. 

Why now?

Climate change poses a significant, validated and urgent threat to the rights and freedoms of individuals in New Zealand. Globally, there is an increased awareness of the impact humans are having on the planet, and the long-term devastating risks of climate change. 149 countries include explicit references to environmental rights and/or environmental responsibilities in their constitutional documents, with the International Court of Justice describing this right as “a vital part of contemporary human rights doctrine”. We must take stronger action now to align with New Zealand’s obligations under the Paris Agreement, and protect our environment for future generations.  

What will this do?

Including the right to a sustainable environment in NZBORA would embed protection of the natural environment alongside other fundamental rights and freedoms. It would mean: 

• Existing legislation would be interpreted in line with the right to a sustainable environment

• Decisions by Government agencies that affect the right to a sustainable environment would be subject to greater scrutiny

• Any new legislation would have to comply with the right to a sustainable environment

What happens next?

We have been advocating for the right to a sustainable environment since we first formed in 2019. We gave the proposal and an open letter signed by 60 Queen’s Counsel to the Minster for Climate Change on November 25th 2019. You can read the letter and the proposal below.

On 14 December 2023, James Shaw’s Member’s Bill on the Right to a Sustainable Environment was pulled from the ballot and will be progressing through Parliament in 2024.

You can read the following Lawtalk article on the proposal, by LCANZI member Jamie Dobson: “The right to a sustainable environment”