Lawyers for Climate Action NZ Inc v Minister of Climate Change

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

13/07/2023

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Statutory Duty

REVIEW TYPE

Judicial review

SUMMARY

(Extract from judgment)

[1] In these proceedings, the Lawyers for Climate Action New Zealand Inc challenge the Climate Change (Auction, Limits and Price Control for Units) Amendment Regulations 2022 (the Amendment Regulations). In particular, the applicant claims the Minister of Climate Change (the Minister) did not have reasonable grounds to be satisfied that the settings preferred by Cabinet (and adopted by the Minister) were consistent with s 30GC(2) or (3) of the Climate Change Response Act 2002 (the Act). A two-day hearing was scheduled to commence in the High Court on 21 August 2023. However, the Minister admits he erred in recommending the unit limits and price control settings for 2023 to 2027 that were adopted in the Amendment Regulations. The parties have agreed on the error and on the relief required. The Court agrees the relief is appropriate. In summary, the Court declares that the Amendment Regulations are ultra vires s 30GC of the Act and directs the Minister to reconsider the unit limit and price control settings for 2023 to 2027.

CASE DOCUMENTS

Lawyers for Climate Action NZ Inc v Minister of Climate Change [2023] NZHC 1835