New Zealand has moved to protect its businesses from protracted climate related litigation.

The Climate Change Response (Tort Liability) Amendment Bill introduces an absolute statutory bar that prevents any current or future civil claims regarding climate-related loss, flooding, or environmental harm from being argued in court.

By inserting a new section into the Climate Change Response Act 2002, courts no longer have the power to impose tort liability (such as negligence or nuisance) for damage caused by greenhouse gases. The law applies to both future actions and ongoing court cases.

The bill ensures that climate change policy is strictly dictated at a national level by Parliament and the Executive, rather than through piecemeal, common-law court judgments, and is a response to the landmark corporate lawsuit spearheaded by Māori activist Mike Smith against seven of New Zealand's largest corporate emitters (including Fonterra and Z Energy). This case can now no longer proceed.

Such cases have been seen as undermining business confidence and leaving companies with an unknown future liability.

The Bill, expected to take effect in the near future, has been far from universally well received, an to say it has been controversial might be an understatement and some opposition parties have pledged reverse the Bill if elected.

---