Gary Judd KC: Judicial Power, Democratic Accountability, and the Smith Case

The Climate Change Response (Tort Liability) Amendment Bill received its third reading on 18 August and has now passed into law. It amends the Climate Change Response Act 2002 to bar tort liability for emissions‑related climate change effects, including for cases already before the courts. This directly affects the Smith v Fonterra litigation, preventing the tort claims from proceeding. A Law Association submission when the Bill was before the Select Committee was critical of some aspects of the Bill. That submission was subjected to careful examination by Peter Watts KC in an article published in the Association’s LawNews.