Climate law changes against the ICJ with University of Auckland Lecturer Doctor Justin Sobion 18th May, 2026 .mp3

Last week, the government announced it would amend climate laws to prevent companies from being sued over damage caused by greenhouse gas emissions. The change will prevent liability findings in tort cases and will apply to current and future cases.

The amendment is in response to a case against Fonterra made by Iwi leader and activist Mike Smith, who is not seeking any financial damages but feels it is in the public’s interest to have companies held liable. The Supreme Court granted Smith the right to pursue the case, raising questions about whether this government action is going around the courts and breaching democratic checks and balances.

These changes will directly go against the International Court of Justice opinion, which confirmed countries have a duty to prevent significant harm to the environment and to regulate the activities of companies within their jurisdiction.

To discuss the repercussions of this climate law change, host Thomas talked to Dr Justin Sobion from the University of Auckland Law School.