The 350.org Pacific Climate Warriors Aotearoa (Te Whanganui a Tara & Tāmaki Makaurau) strongly oppose the amendments to the Climate Change Response Act announced by the New Zealand Government on Tuesday, 12th of May, 2026 to restrict legal avenues for climate justice. The amendments prevent individuals and groups from holding companies accountable for the harm caused by their greenhouse gas emissions. 

Legal Impact

We recognise the deliberate timing of these changes. The amendments were an intentional move by the Government to block climate justice spokesperson Mike Smith’s (Ngāpuhi, Ngāti Kahu) case against New Zealand’s major climate polluters, Fonterra, Genesis Energy, Dairy Holdings, New Zealand Steel, Z Energy, and BT Mining. This case was about setting a global precedent in which major carbon emitters are held accountable for the harm their greenhouse gases cause to people and place. By blocking this case, the Government has shown that the profits of carbon emitters matter more to them than the well-being of Aotearoa.

The amendments are in direct opposition to the Supreme Court’s decision to grant Smith approval to take this case to court in 2027. The Supreme Court is New Zealand’s highest court of law and should not be undermined by Government amendments. Therefore, by changing the Climate Change Response Act at this critical time, the Government is abusing power and threatening our democracy. 

The amendments also do not follow International Law. In 2025, the International Court of Justice ruled in an Advisory Opinion regarding Climate Change that States have binding obligations to prevent harm, protect human rights, and act in the interests of both present and future generations. The upcoming United Nations General Assembly (UNGA) resolution welcoming the International Court of Justice (ICJ) Advisory Opinion on the legal obligations of States in respect of climate change represents a defining opportunity for global leadership and collective responsibility. This opinion was fought for by Pacific youth, the Vanuatu government, and other frontline communities and aligns with Mike Smith’s argument: Big polluters should pay.

Responsibility to People and Planet

These amendments are also an attack on mana whenua, whose land we stand on, and whose sovereignty was never ceded. They are an attack on communities across Aotearoa who have experienced loss and damage through climate related events such as flooding, landslides, erosion, and poverty. 

They also place greater risk on our Pacific regional homes – Tuvalu, Kiribati, The Cook Islands, Niue, Tokelau, and the wider Pacific. As a country that has benefited from the social, cultural and economic contribution of Pacific peoples, we have a moral obligation to stand with the Pacific in the fight for climate justice. It is unjust that those contributing the most to the climate crisis face no consequence whilst our Māori and Pacific communities are left to bridge gaps we did not create. 

Call to Action

As Pacific Climate Warriors, and voters in this upcoming election, we demand that our Government:

• Reverse all changes to the Climate Change Response Act that reduce expert opinion and lived experience from shaping National Adaptation Plans, increase the target for biogenic methane reduction, and prevent legal action against major greenhouse gases emitters.
• Prioritise ending fossil fuel dependence and safeguarding citizens from global price shocks and soaring living costs.
• Endorse the Fossil Fuels Treaty and create a national just transition strategy and action plan.
• Embody and honour Te Tiriti o Waitangi as the foundational document of our country and recognise the tino rangatiratanga of Tangata Whenua.

Our commitment to climate justice

As descendants of the moana, the 350.org Pacific Climate Warriors will use all avenues at our disposal to protect people and the planet – harnessing Indigenous knowledge, community organizing, advocacy, litigation, and all other tools required for future generations to thrive.

By continuing to nurture Pacific climate communities, create opportunities to share about our Pacific homes, and learn from upcoming generations of Pacific climate storytellers, we will show the world that we are not drowning; we are fighting. 

The Government’s desperate move to amend the Act highlights the threat of collective power to them. It is not an end to a fight but another barrier that we will overcome. We remain in solidarity with Mike Smith, Tangata Whenua and climate champions in this enduring fight for justice.

ENDS