WELLINGTON — The Environmental Law
Initiative (ELI) has co-sponsored a complaint alleging that
the New Zealand Government has breached its climate
commitments under Chapter 19 of the European Union – New
Zealand Free Trade Agreement (FTA).
The complaint has
been lodged with the European Commission by Dutch
environmental justice organisation Both ENDS. It was
submitted through the European Commission’s Single Entry
Point, a mechanism for civil society organisations to raise
concerns about compliance with sustainable development
provisions in European Union (EU) trade agreements. This is
the first civil society complaint for climate regression
under any EU trade agreement.
The complaint points to
a series of decisions by the current Government that have
wound back New Zealand’s climate action, most recently
through the Climate Change Response (Tort Liability)
Amendment Act, which bars the Smith v Fonterra
climate case and any future civil climate claims in tort.
This recent law change sits alongside a long list of other
climate policy shifts, such as the reversal of the ban on
offshore oil and gas exploration and weakening methane
reduction targets.
The complaint asks the European
Commission to engage with the New Zealand Government under
the FTA and seek compliance with the climate commitments. It
is directed at the Government’s conduct, not at specific
exporters or sectors.
“This is a watershed moment for
international accountability on climate change,” said ELI
Senior Legal Researcher Eliza Prestidge-Oldfield.
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“New
Zealand made a commitment to the EU to honour the Paris
Agreement. By backsliding on climate, the current Government
is ignoring the concrete legal effect of these commitments
– undermining our international trade advantages while
putting New Zealand’s environment and the global climate
further at risk.”
“Both parties agreed to these
obligations, and both are expected to uphold them. The
Government has brought this challenge on itself through a
series of measures that have substantially weakened New
Zealand’s climate response.”
Ms Prestidge-Oldfield
said the legislation preventing future climate claims in
tort was the final straw.
“Parliament has passed a law
that shut down a climate case heading to trial, after
lobbying by the very companies defending the claim. That
isn’t climate policy. It’s shielding polluters from
accountability.”
“The International Court of Justice
has been clear that developed countries like New Zealand
must take the lead in cutting emissions, and trade
agreements increasingly reinforce those responsibilities.
The trade deal with the EU is clear: the Government must
meet its obligations under the Paris
Agreement.”
Notes:
• Press release from
Both ENDS is available at https://www.bothends.org/en/Whats-new/Press/Both-ENDS-files-first-climate-complaint-under-EU-trade-enforcement-mechanism-over-New-Zealands-climate-rollbacks/
•
The EU–New Zealand Free Trade Agreement entered into force
in May 2024. Chapter 19, on Trade and Sustainable
Development, contains commitments by both parties relating
to climate change, including to effectively implement the
Paris Agreement and not to weaken climate protections in
order to encourage investment.
• The complaint
relies, among other provisions, on Article 19.6(3) of the
FTA.
• At the conclusion of the formal process, a
finding that a party has materially defeated the Paris
Agreement’s object and purpose could potentially lead to the
suspension of trade concessions.
• ELI has formally
cosponsored the complaint, providing supporting information
about the domestic avenues for challenge and ELI’s
track-record of pursuing these avenues. ELI is one of
several organisations and individuals supporting the
complaint.
• Both ENDS is a Dutch organisation
working on environmental justice, human rights and
sustainable development. It has worked on issues including
trade and investment, land and water rights, and climate
change for more than 30 years.
• ELI is a charitable
trust using the law to protect and restore Aotearoa New
Zealand’s environment: https://eli.org.nz
•
ELI and Lawyers for Climate Action NZ are awaiting the High
Court’s decision in Environmental Law Initiative and
Lawyers for Climate Action NZ v Minister of Climate
Change, a judicial review of the Government’s emissions
reduction plans. The case was heard in Wellington from
16–18 March
2026.
