Press release: Statement of Claim Amendment - Climate Change Commission Judicial Review

On Sunday 31 October 2021 the Government announced a new NDC to reduce net emissions by 50% below gross 2005 levels by 2030.  In doing so, the Minister for Climate Change and the Prime Minister referred to the Climate Change Commission’s NDC recommendations and said the new NDC would contribute towards limiting global warming to 1.5 degrees.  An “NDC” is a nationally determined contribution under the Paris Agreement which sets out a country’s emissions reduction commitment.

Yesterday LCANZI filed an amended Statement of Claim in its judicial review proceedings against the Commission and the Minister for Climate Change to also challenge the new NDC to the extent it relies on the Commission’s NDC advice.

The reason we have challenged the Commission’s NDC advice is that we believe it contains a mathematical error.  The IPCC’s pathways relied on by the Commission imply that global net carbon dioxide emissions must decrease by 49% by 2030 relative to 2010.  However, instead of applying this reduction to our 2010 net carbon dioxide emissions (5.0 Mt), the Commission applied it to our 2010 gross carbon dioxide emissions (35.0 Mt).  On the Commission’s approach, instead of decreasing, net carbon dioxide emissions will be allowed to increase to 17.9 Mt which is an increase of over 250%.  We do not believe that allowing our net carbon dioxide emissions to increase can be consistent with the IPCC’s analysis or with contributing towards limiting global warming to 1.5 degrees. 

The Commission justifies its calculation by reference to “gross-net accounting”, but we consider this is irrelevant as mathematically the 49% reduction could only be applied to the 2010 net carbon dioxide figure.

Whether the Commission’s approach makes its advice unlawful is a matter for determination by the Court.  The judicial review application is scheduled for hearing starting on 28 February 2022.

You can read our amended Statement of Claim here.

You can also read our press release on the government's new NDC here. For any further comments please contact James Every-Palmer QC or Jenny Cooper QC at james.everypalmer@stoutstreet.co.nz or jcooper@shortlandchambers.co.nz.