Re Pita

COURT OR TRIBUNAL

New Zealand Immigration and Protection Tribunal

DATE FILED (OR FIRST HEARING DATE)

26/09/2023

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Human rights and refugee claims

REVIEW TYPE

Merits review

SUMMARY

The Tribunal considered the impacts of climate change when undertaking their assessment of the appellant’s circumstances. See, for example, the below extract from the judgment:

[40] The Tribunal has also acknowledged how Tuvalu’s population has “adapted to living in a dynamic ecosystem” and that climate change is likely to continue to pose new threats and place stress on livelihoods, and that nationals are “likely to need support to adapt and manage disaster risks facing their wellbeing, livelihoods, and infrastructure”; see AV (Tuvalu) [2022] NZIPT 505532 at [25].

[…]

[43] Kiribati is considered to be the most vulnerable Pacific Island nation to climate change. In a recent decision, AW (Kiribati) [2022] NZIPT 802085 at [62]–[85], the Tribunal considered the adverse effects of climate change on Kiribati that include, inter alia, coastal erosion, depletion of marine resources, overcrowding and a lack of water and poor water quality; see also AF (Kiribati) [2013] NZIPT 800413. In AW (Kiribati), the Tribunal at [70] acknowledged climate change concerns impacting socio-economic and sociological environments, and exacerbating pre-existing development-related risks.

CASE DOCUMENTS

Re Pita [2023] NZIPT 506029

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