LCANZ is proposing to amend the NZ Bill of Rights Act 1990 (NZBORA) to recognise the right to a sustainable environment.
Right to a sustainable environment
Everyone has the right to a sustainable environment that is protected for the benefit of present and future generations.
Why does this matter?
NZBORA provides significant protection for human rights in New Zealand. The right to a climate system capable of sustaining human life is fundamental to a free and ordered society, and we must expressly recognise this right. This would be an important change to our legal framework that would promote Government action consistent with a sustainable environment and facilitate New Zealand’s transition to a low emissions economy.
Why now?
What will this do?
What happens next?
Climate change poses a significant, validated and urgent threat to the rights and freedoms of individuals in New Zealand. Globally, there is an increased awareness of the impact humans are having on the planet, and the long-term devastating risks of climate change. 149 countries include explicit references to environmental rights and/or environmental responsibilities in their constitutional documents, with the International Court of Justice describing this right as “a vital part of contemporary human rights doctrine”. We must take stronger action now to align with New Zealand’s obligations under the Paris Agreement, and protect our environment for future generations.
Including the right to a sustainable environment in NZBORA would embed protection of the natural environment alongside other fundamental rights and freedoms. It would mean:
Existing legislation would be interpreted in line with the right to a sustainable environment
Decisions by Government agencies that affect the right to a sustainable environment would be subject to greater scrutiny
Any new legislation would have to comply with the right to a sustainable environment
We gave the proposal and an open letter signed by 60 Queen’s Counsel to the Minster for Climate Change on November 25th 2019. You can read the letter and the proposal below.