LCANZI Newsletter - December 2022
Kia ora koutou,
It’s been a massive year for LCANZI and we couldn’t do it without our amazing members, volunteers and donors. Your support is highly appreciated and we want to say thank you for giving us the opportunity to hold the government to account and to keep fighting for meaningful climate action. We have brought two judicial reviews (one in our own name and one as part of All Aboard Aotearoa), intervened in a case before the Supreme Court, made almost ten submissions, hosted one webinar and participated in others, complained to the Commerce Commission about greenwashing, proposed a climate resolution to NZLS, became a charity, facilitated an LCANZI volunteer zui and more!
Please see our December newsletter below for an update of the last month.
SMITH V ATTORNEY GENERAL
LCANZI has applied to be given leave to intervene in an appeal from the High Court’s decision striking out Mike Smith’s claim against the Attorney General. This is another claim by the same Mike Smith as Smith v Fonterra (which LCANZI intervened in earlier this year in the Supreme Court) but this time against the government, for failure to take adequate action with regard to climate change. The causes of action are breach of duty, breach of the New Zealand Bill of Rights Act and breach of te Tiriti o Waitangi.
You can read our application here.
LCANZI V CCC JUDGMENT
The LCANZI v Climate Change Commission judicial review judgment was released on 23 November and rejected our application. While we are disappointed with the outcome, there are many helpful points in the judgment. We will be carefully reviewing it and considering whether to appeal.
We sent out a members update at the time, you can read it here in case you missed it. You can also read the full judgment here. We also promised a more detailed summary of the case which you can read here.
We want to say another thank you to our amazing members and donors, we couldn’t take on litigation like this without your ongoing support. We are currently in the process of prioritising litigation for 2023.
PRICING AGRICULTURAL EMISSIONS AND SETTING STANDARDS FOR FORESTS
On Friday 18 November, LCANZI made two submissions relating to emissions trading and offsetting.
The first submission was on He Waka Eke Noa, the pricing of agricultural emissions. The submission focusses on the need to reduce agricultural emissions by far more than the current levels proposed. We submitted that the low level of ambition in the reduction target is unconscionable in the face of the climate crisis. You can read the full submission here. The submission was written by James Every-Palmer KC, chair of our ETS subcommittee, and Cassandra Kenworthy, chair of our Agriculture subcommittee.
The second submission was on the National Direction for Plantation and Exotic Carbon Afforestation. The submission made several recommendations, for example, we proposed that there be a requirement for Forest Management Plans for exotic carbon forests to include detailed methods and milestones to transition to indigenous forestry. We also supported proposals requiring robust wildfire risk management plans. You can read the full submission here. The submission was written by Duncan Ballinger, member of our Local Government Subcommittee.
If you are interested in joining either our ETS or agriculture subcommittees, please email admin@lawyersforclimateaction.nz.
COP27 SUMMARY
As mentioned in the November newsletter, COP27 happened on 6-18 November in Egypt. COP27 was the latest conference of the parties who signed the 2015 Paris Agreement coming together to decide what the specific rules should be in order to keep global warming to 1.5 degrees. Meeting this goal is essential in order to avoid catastrophic climate change and COP27 is crucial to determine how each country will do their part to achieve it.
Climate Action Network International (CAN) have issued a statement commenting on the outcome of COP27 if you are interested in what happened. Here is an excerpt:
“Today in a long overdue decision, three decades in the making, all governments at COP27 agreed to set up a Loss and Damage Fund. This is a first step in a process to rectify the systemic injustice to billions of people, particularly in the Global South, who are the least responsible but are on the frontlines of the climate crisis. Those who are suffering devastating climate impacts; floods, droughts, hurricanes and sea level rise, will have some hope that their right to access support will be respected…
…While COP27 delivered on addressing the consequences of the climate crisis – it failed to address the root cause of the crisis: Fossil Fuels. With no agreement to have a fair and equitable phase out of all fossil fuels – coal, oil and gas, it has laid bare the capture of this process by fossil fuel lobbyists and vested interests. The agreement to scale up investment in renewable energy for the first time in this process is welcomed but without a strong outcome on phasing out all fossil fuels, governments risk breaching 1.5°C.”
NZCAN JOB POSTINGS
350 Aotearoa, a member of the New Zealand Climate Action Network (NZCAN), have an exciting job going if anyone is looking for a change. They are looking for a National Organising Manager to effectively organise, grow and support their volunteer network. The successful candidate will be coordinating, supporting and growing local 350 groups (currently in Tāmaki Makaurau, Pōneke, Te Papaioea, Ōtautahi and Ōtepoti), and help to set up and manage a national volunteer movement support team. Their role will facilitate grassroots actions and activities which feed into their national-level campaigns and organisational objectives as well as mobilise their supporter base and grow their movement. Here is the job posting.
Ngā mihi o te Kirihimete me te Tau Hou!
LCANZI Committee