LCANZI Newsletter - July 2023
Kia ora koutou,
We hope this email finds you well, please see below an update from the last month including a win in the High Court and our upcoming events.
Cab rank rule debate and AGM
Our AGM and Board elections will take place on Thursday 3 August 2023 at 5.30-6.30pm. In-person attendees can stay for drinks and nibbles from 6.30-7.30pm.
Where:
Auckland in-person: Ellen Melville Centre, 2 Freyberg Place, Auckland Central
Wellington: Barristers Comm, Level 7 Legal House, 101 Lambton Quay, Wellington
Online on zoom
RSVP: Sign up for your free ticket here so that we know whether you will be attending online or in-person. Online attendees will receive the zoom link with their ticket.
The AGM will include reports from LCANZI officers, approval of financial statements, and the Board election. We will also be holding a debate: "Should the cab rank rule be amended to enable lawyers to refuse to act for emitters". This is a hot topic in the climate law space - we want to air the different perspectives to help inform our members' views on this issue.
The annual election for the LCANZI Board will be held at the AGM. If you want to nominate yourself to be elected to the Board, you must send this form to secretary@lawyersforclimateaction.nz by 5pm 29 July 2023.
Please note that only full members can vote but associate members are welcome. We also welcome you to extend this invitation to non-members who can find out what we’re about. We look forward to seeing you there and connecting with some of you in person!
LCANZI wins Judicial Review over slack ETS
Good news from last week. We were successful in our judicial review of the Regulations which set the number of additional Emissions Trading Scheme (ETS) units available over the next five years and imposed various price restrictions. The Minister accepted that the decision making process was flawed, hence the decision without need for trial.
Last year the Climate Change Commission recommended reducing the number of units available by auction in line with our emissions budgets and to tackle a large stockpile of existing units, and substantially increasing the trigger price to release additional cost containment reserve units.
In December last year Cabinet rejected this advice. The effect of the Cabinet decision was to make available at low prices an additional 35 million units over the next five years. That is more than one year’s worth of emissions for sectors within the ETS.
The Minister has accepted that the process leading to the December decision was flawed and the decision needs to be re-made. The judgment means that the Minister of Climate Change must now reconsider the unit limit and price control settings for 2023 to 2027 by 30 September 2023.
Big thanks to all the amazing work on this project from Dr Christina Hood, head of the climate policy consultancy Compass Climate, Martin Smith and Rebecca D’Silva from Gilbert Walker, Monique van Alfen Fyfe, Stout Street Chambers, and LCANZI Board member, James Every Palmer KC.
You can read the full details and decision here.
Tax Policy Charitable Trust event with Ian Parry
The Tax Policy Charitable Trust invites you to a discussion about emissions trading schemes led by Ian Parry (Principal Environmental Fiscal Policy Expert at the International Monetary Fund) and James Every-Palmer KC (Lawyers for Climate Action NZ Inc.)
EVENT DETAILS
Date: Tuesday 8 August
Time: From 5.00pm for a 5.30pm start; the formalities will conclude by 7pm.
Location: Russell McVeagh, level 24, 157 Lambton Quay, Wellington
On-line option: zoom link provided after registration
Abstract: James and Ian will lead a discussion on features of New Zealand’s emissions trading scheme as it currently operates and how it compares internationally. The Tax Policy Charitable Trust was established in 2012 with the aim of supporting thinking and discussion on tax policy in New Zealand and encouraging future tax policy leaders (for more information, visit https://taxpolicycharitabletrust.org.nz. This year, the Trust is delighted to be welcoming Ian Parry, Principal Environmental Fiscal Policy Expert at the International Monetary Fund, to speak at a series of events in New Zealand. Ian’s visit comes at a time when there is heightened interest in and debate regarding emissions reduction targets and the mechanisms for achieving these.
If you are interested in attending this event in person or online, please email admin@lawyersforclimateaction.nz to receive the registration link when it becomes available.
Opinion: Auckland Council, like all of us, must act to combat climate change
LCANZI Board member, Dr James Every-Palmer KC has written an opinion piece with Sebastian Gehricke, David Hall, Christina Hood & Robert McLachlan.
The article analyses the argument that we should leave it to the ETS:
“Championing an ETS-only approach, even when our existing ETS is too compromised to deliver the goods, is a textbook example of climate delay.
Saying that we should “leave it to the ETS” is a dangerous argument if it convinces the Government, a council or anyone else, to abdicate their responsibility and not take steps to reduce emissions.”
You can read it in the Herald here.
LCANZI Submission on Climate Change Commission’s draft advice on the second Emissions Reduction Plan
On 20 June, LCANZI submitted on the Climate Change Commission’s draft advice on the second Emissions Reduction Plan.
The Submission emphasised the need for the Government to provide clarity as to the gross emissions reductions and carbon dioxide removals, especially for agriculture. This must, it was submitted, include committing to a specific level of gross emissions for the second and third emissions budgets.
Overall, the Submission highlighted that strong weight had to be given to the importance of taking actions to reduce emissions. Mitigation and adaptation pathways also had to consider the Crown-Māori relationship, te ao Māori, and specific effects for Iwi and Māori of the transition and climate change.
Further, there had to be strong emphasis placed on climate adaption as well as mitigation, with this emphasis needing to become more sophisticated as climate disclosure practices matured. Finally, there had to be wholesale changes made to the Emissions Trading Scheme, including to not treat emissions and removals equally, address the existing oversupply of NZUs and urgently reassess the industrial free allocation policy.
You can read the full submission here. This submission was written by LCANZI Board members Dr Grant Hewison, Michael Sharp and Frankie McKeefry.
Connecting our members - power in numbers!
Some of our members have told us that they want to connect with other members. If you consent to us giving your name, city/town, and email address to other members, email admin@lawyersforclimateaction.nz with the subject line ‘Connect me!’, and if we have members looking to meet up (either in your city or electronically), we'll connect you.
Thank you for your ongoing support of LCANZI, we couldn’t do this mahi without our amazing members! We will check in again next month with another update.
LCANZI Committee