Climate in the courtroom – where to from here?

The effects of climate change, government responses and accountability are debated by politicians, protested in the streets, and increasingly, tested in court.

More than 3,000 climate litigation cases have been filed worldwide, and this month, climate law experts are at the University of Auckland to debate and discuss climate action in the courts at the 2026 Climate Litigation Conference.

Also in March, conference co-host, Lawyers for Climate Action New Zealand, is itself heading to the High Court to challenge whether the Government’s emissions-reduction plan complies with the law.

The case reflects an international shift; as climate impacts intensify, more people are asking judges to decide what governments and companies are legally required to do if they’re involved in climate harm or have a role in addressing its impacts.

University of Auckland environmental law expert and conference co-organiser Associate Professor Vernon Rive says the field is evolving quickly.

He says: “We’re looking at how overseas and international developments shape New Zealand climate law, the limits and possibilities of common law remedies like public nuisance, and how attribution science is being reflected in cases.

“This conference offers rare access to leaders in the field; judges, academics, scientists and legal practitioners, who have front-line expertise and deep knowledge in climate change litigation in New Zealand and internationally.”

Jessica Palairet, Executive Director of Lawyers for Climate Action NZ, is chairing a panel on global trends in climate litigation. She says it’s becoming one of the most important ways climate governance is being contested and shaped worldwide.

“We are living in an era of climate consequences, and climate litigation is one of the most interesting and important responses. These cases test complex legal questions about responsibilities and duties relating to climate mitigation and adaptation.”

Internationally, claims aimed at major emitters are accelerating. Professor Jacqueline Peel, Director of Melbourne Climate Futures at the University of Melbourne and a conference speaker, says a major trend is the increasing emphasis on corporate accountability.

"Increasingly, transnational claims are targeting companies for harms from high-emitting activities."

New Zealand cases are also informing global debates about what climate harm looks like in law. Simon Ladd KC, Executive Director of the Legal Research Foundation - also co-hosting the conference - points to the landmark Smith v Fonterra lawsuit as an example of a case in which the role of the common law in climate litigation is front and centre.

The lawsuit saw iwi leader Mike Smith sue several private companies, including Fonterra. Smith alleges their greenhouse gas emissions contribute to global heating and harm him, his whānau, descendants, and others.  

The case, due to proceed in the High Court in 2027, set an important precedent when the Supreme Court permitted the question of whether tort law can, and should, respond to climate change to proceed to trial. The Court also recognised the role that tikanga Māori may play in the development of tort law in New Zealand.

“The common law can develop and evolve, but should it?  If it should, where are the limits? Fundamentally, what is the role of private law claims in meeting the challenge of climate change?” asks Ladd.

Meanwhile, Auckland Law School Professor Caroline Foster is chairing a discussion on the International Court of Justice’s Advisory Opinion on Climate Change and its implications for New Zealand.

Foster is interested in how New Zealand legislators, courts, and decision-makers view due diligence requirements in international law.

“I’m also looking forward to discussions on the relevance of customary international law within the common law, and how the common law can protect New Zealanders’ interests in a stable planet.”