Smith v Fonterra Co-Operative Group Ltd

COURT OR TRIBUNAL

Court of Appeal of New Zealand, High Court of New Zealand, Supreme Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

20/12/2019

LITIGATION TYPE

Corporate Accountability, Access to Justice

SUBJECT MATTER

Negligence and nuisance, Strike out application

REVIEW TYPE

Judicial review

SUMMARY

Determination on appeals. Appellant was elder of Maori group brought proceedings claiming that respondent cooperative's activities caused adverse effects of climate change. New Zealand High Court (NZHC) made decision, in favour of respondents, striking out applicant's claims of nuisance and negligence but refused to strike out claim based on proposed new tort. Appellant appealed and respondents cross-appealed against NZHC decision. Finding that issue of climate change could not be effectively addressed through tort law. Finding that existence of new tort without any attempt to delineate scope could not be sufficient to withstand strike out on basis of speculation that science might evolve by time. Finding that claim of kind pleaded by appellant applied equally to claims in nuisance and negligence and to proposed new tort. Order made dismissing appeal against NZHC decision. Order made granting cross-appeal against NZHC decision. Determination made.(Extract from judgment)Smith has been granted leave to appeal against the dismissal of his claim in tort in relation to emission of greenhouse gases. The approved question to be considered on appeal is whether the Court of Appeal was correct to dismiss the appeal and allow the cross appeal.

Court of Appeal held previously that climate change was a matter for international politics; Supreme Court of NZ has now reversed that decision, unanimously ruling that Smith (Maori activist) has the right to sue seven corporations for their contribution to climate change.

CASE DOCUMENTS

Smith v Fonterra Co-Operative Group Ltd [2020] NZHC 419
Smith v Fonterra Co-Operative Group Ltd [2021] NZCA 552
Smith v Fonterra Co-Operative Group Ltd [2022] NZSC 35
Smith v Fonterra Co-Operative Group Ltd [2024] NZSC 5