Second legal challenge to National’s climate emission targets

Written By: - Date published: 6:35 am, July 3rd, 2017 - 18 comments
Categories: climate change, disaster, Environment, Maori Issues - Tags: , , ,

Last week Sarah Thomson took the government to court over its woeful response to climate change. She challenged the setting of emissions targets as being too low and not taking into account the long term consequences of addressing climate change adequately. The judge is expected to coming back with a ruling in 2 months.

Now the Mataatua District Māori Council from the eastern Bay of Plenty is also bringing a case against the government for breaching the Treaty of Waitangi,

“Under the Treaty of Waitangi, the Crown has a duty of active protection towards Maori in regards to their lands and resources. The allegation is that their climate change policies are breaching that obligation.”

NZ Maori Council member Maanu Paul said the Government needed to do more about climate change than it was at present.

“The claim raises various issues about how we are already being affected – by the current flooding in the eastern Bay of Plenty and the effect on Maori forestry of course, and fisheries,” Sharp said.

Because the tribunal was a commission of inquiry, not a court, Sharp said it had a broader discretion to inquire into the adequacy of government actions.

“The current targets are a long way behind what we think New Zealand should do, as a developed nation, under the Paris Agreement.”

____________________________________________________________________

Moderator note – zero tolerance for climate change denial in comments. Bans will be given without warning. 

18 comments on “Second legal challenge to National’s climate emission targets ”

  1. patricia bremner 1

    Good. Citizens enacting democracy against an undemocratic state.

    • Wayne 1.1

      In my view the courts are not really the place to resolve these issues. The choices are fundamentally political, in the sense that different governments will different views on what they have to do to meet the legislative requirements.

      The judge surely can’t set the targets, they could only require the the govt to redo the targets if they found the current targets clearly were wrongly done on the face of them, that is no reasonable minister could have come to such a decision.

      I appreciate the Standardnistas will never think the current govt is reasonable, but that is a political view, not a legal test. It is the latter that the judge will apply.

      The reporting of the issues in last weeks case seemed to focus on the broad issues of climate change, rather on whether the government had complied with its own legislation, though the legal argument for Sarah Thomson must have got to that point for there even to be an arguable case.

      Fundamentally if the public of New Zealand want a Green party prescription to solve climate change, they have to vote Green. That is a political choice, not a legal one.

      • McFlock 1.1.1

        I don’t really have a problem with legal challenges, unless it smacks more of wealthy people trying to bankrupt their opposition through appeal after appeal (or the occasional dickhead using the trial as another was to victimise their survivors).

        Usually, our courts produce reasonably sane judgements (if not always ones I agree with). So I don’t think the court will likely set a zero-carbon-by-next-year target or whatever. I think the worst it’ll do, if the case is valid, is kick back the targets to government to have another look at (i.e., under this government, repeat broadly the same targets but add a couple of sentences to take Treaty issues into account).

  2. roy cartland 2

    Power to them!

  3. jcuknz 3

    I do not see any point in crippling the country’s economic standard simply for grand standing points. What NZ does will have little effect on the world. I firmly believe in global warming but, to quote a saying, see little point in cutting off our nose to smite our face. Like the USA we should forget about the Paris talkfest but do what we can to avoid emissions without self harm as a country.

    • gsays 3.1

      So jcuknz, how do you suggest we “do what we can to avoid emissions without self harm as a country” without “crippling the country’s economic standard simply for grand standing points”?

      Vegetarianism, BIG tax on air travel, ditch private vehicle….?

      By grandstanding do you mean show leadership?

      • garibaldi 3.1.1

        What a cop out jcuknz. Let’s get this straight. You agree cc is a massive problem so your solution is to do nothing . Yeah, that’ll work won’t it? Welcome to the world of Capitalism. Humans are so incredibly dumb.

    • Carolyn_nth 3.2

      LOL. First you want an exemption because we are just a small part of the global community; then you want us to do like the US – big, highly populated country, and major world polluter.

      No country is exempt from the impact of climate change – we’re all in this together, and each little bit helps.

      Climate change denial takes many forms.

    • weka 3.3

      “What NZ does will have little effect on the world.”

      According to Sarah Thomson, the small emitters account for 1/3 of global emissions. If they don’t also reduce we’re fucked, us here in NZ as well as everywhere else.

    • jcuknz, and others of his ilk love to claim that “warmists” argue emotionally and that doing so shows they are anti-science. Jcuknz’ use of the phrase, “cutting off our nose to spite our face” “crippling the country’s economic standing…” and “without self harm as a country” show where the emotional arguments are really coming from.

    • Macro 3.5

      Have you any idea of just what the cost is going to be when sea level rise hits 1m? And before you say that that is centuries away – think again, and do a little research. The data coming in day by day suggests SLR is accelerating year by year, and its not just Greenland we have to worry about it’s Antarctica as well.
      eg http://www.radionz.co.nz/news/national/334334/westport-may-not-be-there-in-100-years
      There are 15,000 in the Pacific who are NZ’s responsibility and their homes are under immediate threat from SLR.
      Drought conditions with continued global warming will also intensify, and that hits our primary industry – farming – causing billions of dollars in lost production.
      Overlooking the costs of doing nothing is a serious mistake, made by all those like yourself, who simply look at the “cost” of doing something.

  4. John Stowell 4

    Of course New Zealand’s greenhouse gas emissions are small on a world scale, but they are relatively large per head of population. Also, setting an example can do as much as the actual reductions. The idea that emission reductions equates directly to economic damage is misguided. Shifting the economy to a sustainable and low carbon base is perfectly possibly and can be achieved without mass gloom. Of course it will be a different economy, and that is probably what people are afraid of.

  5. Bill 5

    The current targets are a long way behind what we think New Zealand should do, as a developed nation, under the Paris Agreement.

    Interesting that “as a developed nation” is included there. Could it be that the Mataatua District Māori Council is going to run on a hard Annex 1/ Annex 2, equity and science based argument?

    If that’s the case, it would be well worth keeping abreast of.

Recent Comments

Recent Posts

  • Government invests further in Central Hawke’s Bay resilience
    The Government has today confirmed $2.5 million to fund a replace and upgrade a stopbank to protect the Waipawa Drinking Water Treatment Plant. “As a result of Cyclone Gabrielle, the original stopbank protecting the Waipawa Drinking Water Treatment Plant was destroyed. The plant was operational within 6 weeks of the ...
    BeehiveBy beehive.govt.nz
    15 hours ago
  • Govt boost for Hawke’s Bay cyclone waste clean-up
    Another $2.1 million to boost capacity to deal with waste left in Cyclone Gabrielle’s wake. Funds for Hastings District Council, Phoenix Contracting and Hog Fuel NZ to increase local waste-processing infrastructure. The Government is beefing up Hawke’s Bay’s Cyclone Gabrielle clean-up capacity with more support dealing with the massive amount ...
    BeehiveBy beehive.govt.nz
    17 hours ago
  • Taupō Supercars revs up with Government support
    The future of Supercars events in New Zealand has been secured with new Government support. The Government is getting engines started through the Major Events Fund, a special fund to support high profile events in New Zealand that provide long-term economic, social and cultural benefits. “The Repco Supercars Championship is ...
    BeehiveBy beehive.govt.nz
    17 hours ago
  • There is no recession in NZ, economy grows nearly 1 percent in June quarter
    The economy has turned a corner with confirmation today New Zealand never was in recession and stronger than expected growth in the June quarter, Finance Minister Grant Robertson said. “The New Zealand economy is doing better than expected,” Grant Robertson said. “It’s continuing to grow, with the latest figures showing ...
    BeehiveBy beehive.govt.nz
    19 hours ago
  • Highest legal protection for New Zealand’s largest freshwater springs
    The Government has accepted the Environment Court’s recommendation to give special legal protection to New Zealand’s largest freshwater springs, Te Waikoropupū Springs (also known as Pupū Springs), Environment Minister David Parker announced today.   “Te Waikoropupū Springs, near Takaka in Golden Bay, have the second clearest water in New Zealand after ...
    BeehiveBy beehive.govt.nz
    20 hours ago
  • More support for victims of migrant exploitation
    Temporary package of funding for accommodation and essential living support for victims of migrant exploitation Exploited migrant workers able to apply for a further Migrant Exploitation Protection Visa (MEPV), giving people more time to find a job Free job search assistance to get people back into work Use of 90-day ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Strong export boost as NZ economy turns corner
    An export boost is supporting New Zealand’s economy to grow, adding to signs that the economy has turned a corner and is on a stronger footing as we rebuild from Cyclone Gabrielle and lock in the benefits of multiple new trade deals, Finance Minister Grant Robertson says. “The economy is ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Funding approved for flood resilience work in Te Karaka
    The Government has approved $15 million to raise about 200 homes at risk of future flooding. More than half of this is expected to be spent in the Tairāwhiti settlement of Te Karaka, lifting about 100 homes there. “Te Karaka was badly hit during Cyclone Gabrielle when the Waipāoa River ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Further business support for cyclone-affected regions
    The Government is helping businesses recover from Cyclone Gabrielle and attract more people back into their regions. “Cyclone Gabrielle has caused considerable damage across North Island regions with impacts continuing to be felt by businesses and communities,” Economic Development Minister Barbara Edmonds said. “Building on our earlier business support, this ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • New maintenance facility at Burnham Military Camp underway
    Defence Minister Andrew Little has turned the first sod to start construction of a new Maintenance Support Facility (MSF) at Burnham Military Camp today. “This new state-of-art facility replaces Second World War-era buildings and will enable our Defence Force to better maintain and repair equipment,” Andrew Little said. “This Government ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Foreign Minister to attend United Nations General Assembly
    Foreign Minister Nanaia Mahuta will represent New Zealand at the 78th Session of the United Nations General Assembly (UNGA) in New York this week, before visiting Washington DC for further Pacific focussed meetings. Nanaia Mahuta will be in New York from Wednesday 20 September, and will participate in UNGA leaders ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Midwives’ pay equity offer reached
    Around 1,700 Te Whatu Ora employed midwives and maternity care assistants will soon vote on a proposed pay equity settlement agreed by Te Whatu Ora, the Midwifery Employee Representation and Advisory Service (MERAS) and New Zealand Nurses Association (NZNO), Minister of Health Dr Ayesha Verrall announced today. “Addressing historical pay ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • New Zealand provides support to Morocco
    Aotearoa New Zealand will provide humanitarian support to those affected by last week’s earthquake in Morocco, Foreign Minister Nanaia Mahuta announced today. “We are making a contribution of $1 million to the International Federation of Red Cross and Red Crescent Societies (IFRC) to help meet humanitarian needs,” Nanaia Mahuta said. ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government invests in West Coast’s roading resilience
    The Government is investing over $22 million across 18 projects to improve the resilience of roads in the West Coast that have been affected by recent extreme weather, Prime Minister Chris Hipkins confirmed today.  A dedicated Transport Resilience Fund has been established for early preventative works to protect the state ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government invests in Greymouth’s future
    The Government has today confirmed a $2 million grant towards the regeneration of Greymouth’s CBD with construction of a new two-level commercial and public facility. “It will include a visitor facility centred around a new library. Additionally, it will include retail outlets on the ground floor, and both outdoor and ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Nanaia Mahuta to attend PIF Foreign Ministers’ Meeting
    Foreign Minister Nanaia Mahuta will attend the Pacific Islands Forum (PIF) Foreign Ministers’ Meeting, in Suva, Fiji alongside New Zealand’s regional counterparts. “Aotearoa New Zealand is deeply committed to working with our pacific whanau to strengthen our cooperation, and share ways to combat the challenges facing the Blue Pacific Continent,” ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • PREFU shows no recession, growing economy, more jobs and wages ahead of inflation
    Economy to grow 2.6 percent on average over forecast period Treasury not forecasting a recession Inflation to return to the 1-3 percent target band next year Wages set to grow 4.8 percent a year over forecast period Unemployment to peak below the long-term average Fiscal Rules met - Net debt ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New cancer centre opens in Christchurch
    Prime Minister Chris Hipkins and Minister of Health Dr Ayesha Verrall proudly opened the Canterbury Cancer Centre in Christchurch today. The new facility is the first of its kind and was built with $6.5 million of funding from the Government’s Infrastructure Reference Group scheme for shovel-ready projects allocated in 2020. ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government invests in top of the south’s roading resilience
    $12 million to improve the resilience of roads in the Nelson, Marlborough and Tasman regions Hope Bypass earmarked in draft Government Policy Statement on land transport $127 million invested in the top of the south’s roads since flooding in 2021 and 2022 The Government is investing over $12 million to ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New Zealanders continue to support the revitalisation of te reo as we celebrate Te Wiki o te Reo Mā...
    Ko tēnei te wiki e whakanui ana i tō tātou reo rangatira. Ko te wā tuku reo Māori, e whakanuia tahitia ai te reo ahakoa kei hea ake tēnā me tēnā o tātou, ka tū ā te Rātū te 14 o Mahuru, ā te 12 o ngā hāora i te ahiahi. ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New Wildlife Act to better protect native species
    The 70-year-old Wildlife Act will be replaced with modern, fit-for-purpose legislation to better protect native species and improve biodiversity, Minister of Conservation Willow-Jean Prime has announced.   “New species legislation is urgently needed to address New Zealand’s biodiversity crisis,” Willow-Jean Prime said.   “More than 4,000 of our native species are currently ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Further safety initiatives for Auckland City Centre
    Central and Local Government are today announcing a range of new measures to tackle low-level crime and anti-social behaviour in the Auckland CBD to complement Police scaling up their presence in the area. “Police have an important role to play in preventing and responding to crime, but there is more ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Govt confirms additional support for Enabling Good Lives
    The Government has confirmed $73.7 million over the next four years and a further $40.5m in outyears to continue to transform the disability support system, Minister for Disability Issues Priyanca Radhakrishnan has announced. “The Enabling Good Lives (EGL) approach is a framework which guides positive change for disabled people, ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New Zealand gets AAA credit rating from S&P
    Standard and Poor’s is the latest independent credit rating agency to endorse the Government’s economic management in the face of a deteriorating global economy. S&P affirmed New Zealand’s long term local currency rating at AAA and foreign currency rating at AA+ with a stable outlook. It follows Fitch affirming New ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Appointment of Environment Court Judge
    Christchurch barrister Kelvin Reid has been appointed as a Judge of the Environment Court and the District Court, Attorney-General David Parker announced today. Mr Reid has extensive experience in Resource Management Act issues, including water quality throughout the South Island. He was appointed to the Technical Advisory Group advising the ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • NZ’s biggest ever emissions reduction project hits milestone
    New Zealand is on track to have greener steel as soon as 2026 with New Zealand Steel’s electric arc furnace project reaching a major milestone today.   The Government announced a conditional partnership with New Zealand Steel in May to deliver the country’s largest emissions reduction project to date. Half of ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Poroporoaki: Paki Leslie Māngai Nikora
    Pokia ana te tihi Taiarahia e Hine-Pūkohu-rangi Hotu kau ana te manawa! Horahia ana te whārua o Ruātoki e te kapua pouri Tikaro rawahia ko te whatumanawa! Rere whakamuri kau ana te awa o Hinemataroa Ki te kawe i te rongo ki te mātāpuna i nga pōngaihu Maungapōhatu, tuohu ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • 50,000 charges laid in crack down on gangs
    Police Minister Ginny Andersen has today congratulated Police in their efforts to crack down on gangs, after laying 50,000 charges against gang members and their associates through the hugely successful Operation Cobalt. As at 31 August, Police have: Laid 50,396 criminal charges against gang members and their associates Issued 64,524 ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Farmers and cyclone-affected properties supported with tax rule changes
    The Government has confirmed details of the tax changes to the bright-line test for cyclone-damaged properties, with the release of the required legislative amendments. Revenue Minister Barbara Edmonds has released a Supplementary Order Paper (SOP) to be considered by the Finance and Expenditure Committee in the next Parliament, as it ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New Zealand wins CPTPP dispute against Canada
    Minister for Trade and Export Growth Damien O’Connor has welcomed the CPTPP Panel’s ruling in favour of New Zealand in our dispute against Canada, a significant win for our primary sector exporters. The Panel found that Canada’s dairy quota administration is inconsistent with its obligations under the Comprehensive and Progressive ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New intensive turnaround programme launched to break the cycle of offending
     The next phase of the Government’s response to youth crime is underway, with an intensive programme for the country’s most prolific young offenders launched today in Auckland, Minister for Children Kelvin Davis said. The programme, announced by Prime Minister Chris Hipkins in July, will see up to 60 recidivist young ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Government extends report date for COVID inquiry
    The Government has agreed to a request from the Royal Commission of Inquiry into COVID-19 for extra three months to deliver its final report. The Royal Commission was established in 2022 to strengthen New Zealand’s preparedness for any future pandemics. It was originally due to conclude mid-2024. “The Commission has ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Wainuiomata school property upgrade making great progress
    The Wainuiomata High School redevelopment is making great progress, with two more classroom blocks set to be complete by the end of the month, Prime Minister Chris Hipkins announced today. The Prime Minister visited today to see first-hand the progress of the redevelopment which is continuing at pace and is ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Language week focuses on sustaining Lea Faka-Tonga
    New Zealand’s Tongan community are coming together to promote language sustainability this week, as Uike Lea Faka-Tonga – Tongan Language Week begins.  “For our Pacific communities, language is more than just a means of communication. It’s an important way to link generations and maintain connections to our ancestral roots,” Barbara ...
    BeehiveBy beehive.govt.nz
    3 weeks ago

Page generated in The Standard by Wordpress at 2023-09-21T18:13:24+00:00