Editing Tort (section)

=== New Zealand ===

In 2024, the [[Supreme Court of New Zealand|New Zealand Supreme Court]] gave leave for [[Māori people|Māori]] climate activist [[Mike_Smith_(activist)|Mike Smith]] to sue seven corporations for their roles in causing [[effects of climate change|climate change]] and the common law harms that resulted.<ref name="corlett-2024">
{{cite news
 | last1 = Corlett | first1 = Eva
 | title = The Māori climate activist breaking legal barriers to bring corporate giants to court
 | date = 6 March 2024
 | work = The Guardian
 | location = London, United Kingdom
 | url =  https://www.theguardian.com/world/2024/mar/06/mike-smith-maori-climate-activist-right-to-sue-companies
 | access-date = 2024-03-06
}}
</ref><ref name="new-zealand-supreme-court-2024">
{{cite book
 | author = New Zealand Supreme Court
 | title = Michael John Smith v Fonterra Co-operative Group Limited [2024] {{nowrap|NZSC 5}} — Judgment for case {{nowrap|SC 149/2021}}
 | date = 7 February 2024
 | publisher = Supreme Court of New Zealand / Kōti Mana Nui o Aotearoa
 | location = Wellington, New Zealand
 | url = https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZSC-5.pdf
 | access-date = 2024-03-06
}} All respondents in order: [[Fonterra|Fonterra Co-operative Group Limited]], [[Genesis Energy Limited]], Dairy Holdings Limited, [[New Zealand Steel|New Zealand Steel Limited]], [[Z Energy|Z{{nbsp}}Energy Limited]], Channel Infrastructure NZ Limited, and BT Mining Limited.
</ref><ref name="unep-2020">
{{cite book
 | author = UNEP
 | title = Global Climate Litigation Report: 2020 Status Review
 | publisher = UN Environment Programme
 | location = Nairobi, Kenya
 | isbn = 978-92-807-3835-3
 | url = https://wedocs.unep.org/bitstream/handle/20.500.11822/34818/GCLR.pdf
 | access-date = 2024-03-06
}}  Job no: {{nowrap|DEL/2333/NA}}.  See pages 22, 38, 42, 44.  Note document misspells "Fronterra".
</ref>  Several aspects of [[Smith v Fonterra Co-operative Group Ltd|Smith v Fonterra Co-operative Group Limited]] are notable.  Smith argued that the principles of [[tikanga Māori]]{{nbsp}}{{mdash}} a{{nbsp}}traditional system of obligations and recognitions of wrong{{nbsp}}{{mdash}} can be used to inform New Zealand common law.  Smith argued that the activities of the seven defendants{{nbsp}}{{mdash}} by directly emitting [[greenhouse gas emissions|greenhouse gasses]] or supplying [[fossil fuel|fossil fuels]]{{nbsp}}{{mdash}} fall under the established torts of public nuisance and negligence and a new tort of climate change damage.  Smith further argued that these seven corporations are harming his tribe's land, coastal waters, and traditional culture.  Smith belongs to the Northland [[Iwi|tribes]] of [[Ngāpuhi]] and [[Ngāti Kahu]].  This judgment simply allows Smith to pursue these matters in the [[High Court of New Zealand|High Court]].  The defendants have indicated that they will seek to convince the court that climate change responses are better left to government policy and not subject to civil litigation.