Supreme Court decision: Smith v Fonterra & others

The Supreme Court released its decision this week in relation to an appeal concerning the strike out of a claim in tort (comprised of three causes of action) relating to damage caused by climate change. The Supreme Court has unanimously allowed Mr Smith’s appeal and reinstated his statement of claim which had been struck out by the lower Courts. 

Mr Smith filed a claim against seven New Zealand companies involved in industries that either emit greenhouse gases (GHGs) or supply products which release GHGs when burned, and he alleges the respondents have contributed materially to the climate crisis and have damaged, and will continue to damage, his whenua and moana, including places of customary, cultural, historical, nutritional and spiritual significance to him and his whānau.  

The Court notes that the refusal to strike out the claim is not an assessment that it is bound to succeed at trial, but rather a finding that it cannot be said at this preliminary stage that it is “bound to fail”.

 A copy of the Supreme Court’s decision can be found here