Smith v Attorney-General

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

29/11/2019

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Duty of Care

REVIEW TYPE

Judicial review

SUMMARY

On 26 March 2020, the Court concluded that the plaintiff's statement of claim was not adequate and ordered that this be addressed by the plaintiff. The case concerns a claim made by Mr Michael Smith against the Attorney-General on behalf of the Crown. “He says that the Crown owes duties to Māori and to him in connection with “climate change”. He says that the Crown has breached these duties. And he says that as a result Māori and he will suffer damage. Mr Smith asks the Court to make declarations as to these matters. He does not claim damages." On 15 July 2022, the Court struck out the entirety of the plaintiff's amended statement of claim.

CASE DOCUMENTS

Smith v Attorney-General [2020] NZHC 836
Smith v Attorney-General [2022] NZHC 1693