Opinion: Smith v Fonterra Co-Operative: a timely reminder of Tort Liability
Author: Josh Marshall, Associate, Gascoigne Wicks
In the first week of February, the Supreme Court released the long-awaited decision in Smith v Fonterra Co-Operative Group Ltd. This unanimous decision is doubtlessly one of the most significant decisions in New Zealand climate change litigation to date.
The purpose of this short article is not to talk about climate change. Rather it is to highlight how this case, and the Supreme Court’s decision last year in Young v Attorney-General, serve as a reminder of the potential liability of tort law when working under the RMA.
