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The Government is changing the law to prevent businesses being taken to court over climate change damage or harm caused by greenhouse gas emissions. The law change comes in response to the High Court case Smith v Fonterra and others. Justice Minister Paul Goldsmith said the ongoing case was creating business uncertainty, which the Government must address. “The courts are not the right place to resolve claims of harm from climate change, and tort law is not well-suited to respond to a problem like climate change, which involves a range of complex environmental, economic and social factors,” Goldsmith said. The Government’s proposed law change would prevent findings of liability in tort for climate change damage or harm caused by greenhouse gas emissions and would apply to the existing High Court case, he said. The law change would not alter the Government’s responsibilities under the Climate Change Response Act and businesses would still have to meet their obligations under the ETS.
