LCANZI Newsletter - May 2021

Kia ora koutou

Here is the latest news from LCANZI. It has been another busy period, with the All Aboard Aotearoa coalition bringing its first set of proceedings, and other action on the transport and financial disclosure fronts. Happy reading and don’t forget to follow us on LinkedIn, Twitter, Facebook and Instagram.

New Committee Members

Following two new appointments in March - Sophie Meares to the Committee and Emily Moon as pro bono coordinator - we welcomed another new Committee member in April, Tania Te Whenua. We are delighted that Tania has agreed to add a Committee role with LCANZI to her other commitments.

These appointments have been made by the Committee under its power of co-option. Under the LCANZI Rules, all Committee and officer roles are up for election each year at the AGM. This year’s AGM is likely to be sometime in July with a call for nominations likely in June. We encourage members who are interested in standing for the Committee or for one of the officer roles to get in touch!

Supporting mandatory climate related disclosures for business

The Government has introduced the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Bill to make climate-related disclosures mandatory for some businesses.

The Bill, if passed, would require publicly listed companies and large insurers, banks, non-bank deposit takers and investment managers, to make disclose in accordance with a new financial reporting standard being developed by the External Reporting Board (XRB), such mandatory disclosure reflecting the TCFD recommendations. The mandatory regime to be introduced through an amendment to the Financial Markets Conduct Act (2013). If approved, this legislation will require around 200 large FMC-reporting entities to commence climate-related disclosures for financial years commencing in 2022, with the earliest disclosures being made in 2023.

This is an important initiative as it will focus the attention of the business community on the real impact climate change will have on them. Our view is the proposals should go further as outlined in our 2019 submissions to MfE and MBIE, and our June 2020 press release on the departmental report here.

We have established a LCANZI sub-committee, focused on climate-related financial disclosure, which will:

  • make submissions to the Select Committee (submissions are open now and close on 28 May 2021);

  • communicate our views to the XRB (who are expected to engage in consultation later this year);

  • seek, and undertake, further activities that will contribute towards the development of NZ’s climate-related financial disclosure regime in a way that aligns with LCANZI’s purpose.

The sub committee view which reflects the position in earlier submissions to MfE and MBIE, is that:

  • mandatory coverage needs to be much broader, and in particular government and local authority entities need to disclose, to at least the same level as the private sector;

  • Government agencies be required to publish the data and projections for the impacts (physical, regulatory, and market) on New Zealand in each of 4 potential scenarios, so business who are required/want to report on a TCFD basis can understand how they will be affected;

  • Government agencies should publish templates and guides to help New Zealand businesses understand how they will be affected.

The members of this LCANZI sub-committee are: Lloyd Kavanagh (co-convenor), Sophie Meares (co-convenor), Georgie Crawford, Teddy Rose and Isabelle Smith.

Members are encouraged to make additional personal submissions to the Select Committee using this link here. The louder the voice, the more likely the Government is to listen. You are welcome to support the LCANZI submission and/or refer to being a LCANZI member when making a personal submission.

Climate Change Commission

We continue to await the Climate Change Commission’s final report, due to be provided to the Minister by 31 May 2021. We hope that the final report will take into account the issues raised in our submission over the need to ensure that our domestic emissions budgets are consistent with limiting global warming to 1.5oC, and that we are accounting for our emissions in a way that is transparent and consistent with our international obligations. Watch this space!

All Aboard Aotearoa

All Aboard Aotearoa is a coalition of climate advocacy groups, including LCANZI, calling for the decarbonisation of transport by 2030. Recently:

  • All Aboard Aotearoa commenced judicial review proceedings against the Crown and Waka Kotahi in relation to the Mill Road project. All Aboard Aotearoa requests the High Court to set aside the decisions to fund and build Mill Road because they directly undermine the Crown’s commitments under the Paris Agreement and Zero Carbon Act, and because the Government and Waka Kotahi did not properly consider the greenhouse gas emissions impacts of the project. The project would undermine the country’s efforts to decarbonise, and waste time and money in a climate emergency. More information is available here.

  • All Aboard Aotearoa made a submission on the draft Regional Land Transport Plan for Auckland. In short, the draft RLTP does not comply with the law and must be entirely overhauled. This is primarily because it provides for greenhouse gas emissions from transport to increase by 2030, rather than decrease as is necessary. LCANZI also made its own submission, in which it elaborated on the respects in which we say the RLTP is unlawful.

  • All Aboard Aotearoa, including representatives of LCANZI, made oral submissions on the draft RLTP to the Regional Transport Committee at hearings held on 10 May. All Aboard Aotearoa submitted that the Committee cannot lawfully approve the draft RLTP according to the criteria in s 14 of the Land Transport Management Act 2003.

  • All Aboard Aotearoa, including representatives of LCANZI, presented to the Minister of Transport, Michael Wood, on 12 May on the Climate Change Commission’s draft report and the need to reduce transport emissions.

Call for volunteers: LCANZI is looking for a further volunteer to help with our work with All Aboard Aotearoa. No transport policy knowledge is required, but enthusiasm is essential. This role would take approximately 3-4 hours per week.

Pro Bono update

Lots of positive things are happening in the LCANZI pro bono space.

LCANZI recently made a submission in support of the Lawyers and Conveyancers (Employed Lawyers Providing Free Legal Services) Amendment Bill. Under the current legislation, employed lawyers are essentially prohibited from providing voluntary “legal services” – which is limiting for LCANZI in its pro bono work. The Bill intends to allow employed lawyers to provide free legal services with the agreement of their employer, and in accordance with practice rules made by the New Zealand Law Society. Thank you to Alex Wiltshire, one of our pro bono volunteers, for drafting this submission for LCANZI.

We also had a great response to our request for mentors for the Equal Justice Project (an Auckland-based law student organization). Mentors assist the Project with climate advocacy work with Auckland Council, the local boards, and the Auckland Council Controlled Organisations: Watercare, Auckland Unlimited, Auckland Transport and Panuku. Thank you to all of our new volunteer mentors – we look forward to seeing what the Equal Justice Project achieves this year.

If you would like to become a member of our pro bono panel, please fill out this form. We provide a “meet-up” service for climate activists and lawyers who are willing to provide pro bono assistance. If you join the pro bono panel we will get in touch if a request for assistance comes through that matches your offer and skills.

2degrees Fighting for Adventure Film Festival

Members/associate members of LCANZI and friends are warmly invited to a special cinema event by friend of LCANZI and action filmmaker extraordinaire, John Watson. The event is being hosted by 2degrees, at Rialto Cinema in Auckland on 27 May, with all proceeds to LCANZI. The programme consists of several short films showcasing truly unique adventures in the great outdoors, including some pretty crazy windsurfing. A great antidote to too much time at a desk and a chance to catch up with other LCANZI members as well as the 2degrees team.

To book your tickets go to this address, make a donation of your choice to LCANZI, and state how many tickets you would like. See you there!

Thank you…

To those members who have responded to our request and made donations and/or paid subs.

Ngā mihi

The LCANZI Committee