Climate Change Response (Tort Liability) Amendment Bill
This bill makes it illegal to sue any person or company — or the government — in court for damages caused by climate change linked to greenhouse gas emissions. It closes down an existing court case (Smith v Fonterra) that was heading to trial on this exact issue. Instead of courts deciding who is responsible for climate change damage, the bill says that is Parliament's and the government's job, handled through existing climate laws. No one affected by this change can claim compensation for losing the ability to sue.
What this affects
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The bill stops anyone from suing companies or the government in court over climate change damage caused by greenhouse gas emissions, saying climate policy should be decided by Parliament and the government, not courts.
The person has no tort liability for the emissions-related climate change effects.
The Bill creates a statutory bar on tort liability for emissions-related climate change effects. That bar will apply so that no person (including the Crown) can be found liable in tort for emissions-related climate change effects.
Part 8 applies to the following proceedings… the proceeding Smith v Fonterra Co-operative Group Ltd CIV-2019-404-001730… any other proceedings commenced, and not finally determined… before the commencement.
A person is not entitled to compensation of any kind on account of the operation of the amendments made by the amendment Act.
Progress through Parliament
Have your say
This bill is open for public submissions to the Justice Committee. Anyone can tell the committee what they think, and you don’t need to be an expert. Submissions close 12 July 2026.
Bill text sourced from legislation.govt.nz (Parliamentary Counsel Office). Arapono’s summary and breakdown are drafted with AI grounded in that official text and reviewed by an Arapono editor for accuracy and neutrality before publishing. Arapono is non-partisan and takes no position on this bill.