Kia ora koutou,

Please see our April newsletter below for an update of the last month.

Zui for LCANZI volunteers

On 12 May between 1-2pm, LCANZI will hold an informal lunchtime get-together for members and volunteers. Here is the zoom link.

This is a chance for all our members and volunteers to get together and share ideas for projects.

We have a lot of sub-committees focusing on different areas of climate action, and many keen volunteers supporting those sub-committees. However, we know that we have even more members who want to contribute to our projects, but the existing sub-committees are outside their area of expertise, or are full. Also, our volunteers might not know how they can help. This meeting is a chance to brainstorm ways to make the most of our members' and volunteers' skills.

We look forward to seeing you there.

All Aboard Aotearoa Judicial Review

Last year, LCANZI, together with climate advocacy groups Generation Zero, Bike Auckland, Women in Urbanism, Movement and Greenpeace, formed All Aboard Aotearoa. We have the common purpose of decarbonising transport in Aotearoa by 2030.

In 2021, All Aboard Aotearoa filed a judicial review application against Auckland Transport and Auckland Council challenging their decision to adopt a 10-year Regional Land Transport Plan that they estimate would lead to a 6% increase in transport emissions by 2031 (a 1% reduction would be achieved with planned government interventions in the form of Clean Car Standards and biofuels improvements). This is in contrast to the 64% decrease in transport emissions targeted by the Auckland Climate Plan on the basis this is what is required to be consistent with limiting warming to 1.5C.

The judicial review starts in the Auckland High Court this month on 26 April. Jack Cundy and Davey Salmon QC are generously acting for All Aboard Aotearoa on a pro bono basis, with support from Jessica Palairet, Zoe Brentnall and other members of our Committee. If you would like to read some further information on this, here is an article announcing the judicial review and here is the statement of claim. All Aboard Aotearoa’s pleadings and evidence will be published on LCANZI’s website from the start of the hearing.

Call for NZLS to adopt climate change resolution

In January this year, LCANZI wrote to NZLS asking the NZLS Board to pass a resolution to provide support for the profession in developing new essential skills needed to build climate conscious practices. LCANZI’s proposed resolution draws, to a large extent, on a similar resolution passed last year by the Law Society of England and in Wales.

We will be working with NZLS on refining the concept and taking it forward.

Call for Volunteers - lcanzi māori subcommittee

LCANZI is expanding it’s te Tiriti and tikanga sub-committee, the scope of this sub-committee will now include:

Raising awareness of and advocating for Maori interests in addressing climate change matters
Advancing climate change claims in the Waitangi Tribunal
developing submissions on the role of both te Tiriti and tikanga Māori in statutory interpretation and NZ common law relating to climate issues.

If you are interested in joining this sub-committee please register your interest with admin@lawyersforclimateaction.nz.

Donor and fundraising update

We are pleased to report a recent uptick in donations through the Carbon Critical Net Zero Fund; no doubt sparked by the publicity and chat during the LCANZI Climate Change Commission judicial review hearing. We are grateful to all these new donors who are supporting us to expand our work in the climate change space.

A recently established group based in Nelson Tasman is looking to use its members’ individual networks to spread the word about our work and to encourage LCANZI membership and support. We will share more from this group in the next newsletter.

A particular thank you to our regular monthly donor, Shauna McLelland based in Christchurch: “Shauna your financial and other support is invaluable and it was great to finally get to meet face to face” (Sophie Meares, LCANZI Secretary).

If you would like any information about becoming a donor or assisting with fundraising please contact: our Secretary Sophie Meares or our Donations Coordinator Carol Weaver. Or, you can make a donation on our website.

Climate Change Webinar

Last month, LCANZI Committee member Cassandra Kenworthy joined Dr Paul Winton of the 1point5project and the Auckland Branch of NZLS on a webinar focussing on the role of lawyers and law in the fight against climate change.

You can watch the webinar here.

Submission opportunity

The Ministry for Primary Industries (MPI) has opened consultation regarding managing exotic afforestation incentives by changing the forestry settings in the NZ Emissions Trading Scheme (ETS).

This could have massive implications on New Zealand’s climate change response and we encourage you to have your say. You can read more about this consultation here. Submissions close 5pm April 22nd.

IPCC Report

Earlier this week, the IPCC released the third of its reports from IPCC6. The report focuses on the feasible pathways to achieving the 1.5 degrees celcius target agreed to in Paris. Despite increases in global emissions every year since the reports began, these increases appear to be slowing. The authors found that while the target was still possible, it required unprecedented, systemic and immediate change to achieve. It was also noted that personal food habits of reducing food waste and moving to predominantly plant based diets would collectively reduce emissions by 2 billion tonnes a year.

For more on the report, Marc Daalder and Eloise Gibson have written articles.

A note from an LCANZI cheerleader: Jace Hobbs

Jace Hobbs is one of our amazing supporters from the Nelson Tasman LCANZI fundraising group. He has given his perspective as someone who is not in the legal arena but who is passionate about climate litigation.

‘If you are like me, the recent reports from the IPCC were difficult to absorb. Given the message that now is the only time we have to avert climate chaos, what chance do we have to redirect policy to truly reflect the verified urgent timeline? Given the political entrenchment, very little. This can be depressing but there is a twist in this that is quite hopeful. The certainty of new climate science opens the possibility to compel the hand of government towards realistic action. If only we had lawyers that could argue the facts against the tide of political inaction. And the good news is, we do! LCANZI lawyers and staff are bright and brilliant and motivated towards taking the facts of our climate predicament and using them to the utmost advantage.

This gives me hope and solace that we may rise to the challenge after all. Protecting our children’s future should not be a political football. Biosphere protection is our basic obligation to the next generations and since politicians cant seem to manifest that protection, perhaps judicial decisions can. I, among others, am committed to giving the LCANZI crew the resources they need to bring this challenge to fruition.’

Smith v Fonterra update

The Supreme Court has granted leave to appeal the Smith v Fonterra judgment. The case is a civil claim against the seven biggest climate emitters, and considers the role of tort law in the context of the climate emergency including a proposed novel duty of care. We will watch this one with interest!

Photography courtesy of LCANZI member and donor, Shauna McLelland - a stunning photograph of Lake Kaniere, reminding us of the beautiful landscape that we are working to protect. We will be using more of Shauna’s beautiful photos on our website so keep an eye out!

Ngā mihi maioha for your support and we will update you again soon.

Kia pai tō rā whakatā!

LCANZI Committee

LCANZI Newsletter - April 2022