How Climate Change Is Forcing the Law to Change
Climate change is forcing us to rethink how we govern, work and behave. In the legal world, inaction, or delayed action, is increasingly being viewed as a violation of human rights. From increased court cases to changes to our laws and regulations, our legislative ecosystem is shifting fast in response. Whether you work in the public sector, own a business, are a director, a trustee, investor or simply wanting to buy or build a house, these changes will affect you. This blog gives a brief overview of what’s been happening.
In 2019, we amended the Climate Change Response Act and enshrined a net zero emissions by 2050 target in law. Aotearoa New Zealand is one of the first in the world that has legally committed to implementing clear and stable climate change policies in line with the +1.5 degree target set out in the 2015 Paris Agreement.
Earlier this year, we also became the first country in the world to introduce a law that requires the financial sector to disclose the impacts of climate change and take action to mitigate against these risks. We’re going to have a much better idea about which companies are adding to the problem and who, faced with the stark facts, wants to put money into a company that contributes to climate harm?
Also at the top of this list is the Resource Management Act (RMA) reform. After an extensive independent review, the Act is set to be split into three separate laws with a new law specifically focusing on climate change adaptation. Current laws are unclear about who is responsible (and liable) for helping communities deal with things like rising sea levels, drought and erosion prone land, and other land related consequences of the global temperature heating up. This Act looks to clear that up.
With more reforms to come (e.g. the Building Code) we’re not doing too badly on paper. However, we’re falling into the bottom of the global basket on whether or not our actions will keep us in the safe zone. Our efforts rank us 9th worst out of all G20 nations.
This is where litigation can play a role. In July 2021, a few days after the report was released, Lawyers for Climate Action NZ filed High Court proceedings seeking judicial review of the Climate Change Commission (CCC) arguing that the recommended emissions budget did not meet the Commission’s own calculation of what is consistent with limiting warming to 1.5°C. The consequences of not meeting this crucial target are going to be pretty stark, in particular for our Pacific neighbours.
Litigation is trending upwards both in New Zealand and globally. There is an increasing body of international case law equating climate delay or inaction with a violation of fundamental human rights, challenging the enforcement of climate mitigation and adaptation measures, suing high emitting companies that contribute to climate harm, and greenwashing through non-disclosure of climate risks. Arguments are getting more sophisticated and direct linkages between cause and harm increasingly being identified as science evolves.
So how could this affect you in your day to day life? First and foremost, you need to understand that what was ok yesterday, may not be ok tomorrow. The more we learn and keep up to date on what is going on, the better prepared we will be to adapt to these changes. Second, understand your emissions profile, as well as the risks and opportunities that this profile entails. Know how much you or your activity emit in carbon emissions. You can act in a targeted manner to reduce your emissions. Third, this trend is going nowhere. In fact it’s not a trend, it's the beginning of a system shift. Learn to let go of how things were done before and embrace the new. COVID gave us a good dress rehearsal for this. Even if it’s a bit scary because we’re adapting as we go on a path we haven’t walked before. Be reassured that it's a much safer path than the emissions intensive one we’re currently on.
This post was written in 2021 and some information may be outdated.
Want to find out more?
Attend the discussion with Rachel Brooking, Labour MP, who was on the review panel for the RMA on Developing for the Future: What to Expect with the RMA Reform.
