From: Geoff McLay <geoff.mclay@vuw.ac.nz>
Sent: Tuesday 6 February 2024 23:56
To: obligations@uwo.ca
Subject: NZSC allows climate change
public nuisance case to go to trial
Dear all
The case is here https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZSC-5.pdf
The media release sets out the case well https://www.courtsofnz.govt.nz/assets/cases/2024/MR-2024-NZSC-5.pdf
My tweets FWIW are here https://twitter.com/GeoffMcLay1/status/1754992942870409266
At one level the case is just another example of the NZ
Supreme Court not wanting to strike out cases , at another level the case
sets out a very different institutional competency approach to the Court of
Appeal ,which essentially said courts couldn’t solve climate change and
shouldn’t try.
There is an important section on the role of tikanga Māori ( Māori
customary law) in determining what might be actionable damages
Geoff
Ps there are lots of footnotes that I’m sure will be of interest to
members of the list