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August 2, 2021

Lawyers for Climate Action NZ challenge advice on emissions budget

Lawyers for Climate Action NZ, an incorporated society of over 300 lawyers, has recently filed judicial review proceedings against the Climate Change Commission and the Minister for Climate Change in relation to the Commission’s advice on emissions budgets for 2021. The Minister for Climate Change is required to set 1 current and 2 prospective emissions budgets by the end of this year, with a view to achieving NZ’s 2050 target as set out in The Zero Carbon Act. Lawyers for Climate Action NZ allege that the Commission’s advice is flawed due to logical error in accounting for carbon emissions, misinterpretation of the statutory purpose in setting proposed emission budgets, various errors of law, and inconsistency with the purpose of the Climate Change Response Act. They seek a declaration that the Commission acted unlawfully, should reconsider their advice and reconsider the proposed budgets.