Students for Climate Solutions v Minister of Energy and Resources

COURT OR TRIBUNAL

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

DATE FILED (OR FIRST HEARING DATE)

01/08/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Gas / Oil

REVIEW TYPE

Judicial reivew

SUMMARY

(Excerpt from Climate Case Chart website)

On November 9, 2021 a group of law students sued the New Zealand Minister for Energy and Resources, challenging the Minister's June 2021 decision to grant permits for onshore oil and gas exploration. The students seek a judicial review of the permitting decision. At Issue: Whether decision to grant permits for oil and gas exploration was unlawful.

On 24 August 2022, the High Court dismissed the application for judicial review. The Court held that their role was limited to ensuring that discretionary powers were lawfully exercised. In this case, the Court held that climate change considerations were not legally relevant to the decisions made under the Crown Minerals Act 1991. As such, the Court concluded that the decisions were lawfully made.

On 7 May 2024, the Court of Appeal of New Zealand dismissed an appeal.

CASE DOCUMENTS

Students for Climate Solutions v Minister of Energy and Resources
Students for Climate Solutions Inc v Minister of Energy and Resources [2022] NZHC 2116
Students for Climate Solutions Inc v Minister of Energy and Resources [2024] NZCA 152