Kiwi government faces court action over ‘unlawful’ emissions reductions plan

Scientific urgency calls for direct emissions cuts, not risky experimental solutions

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Two environmental legal groups have filed a lawsuit against New Zealand’s government, accusing it of weakening climate action through a reliance on unproven offsetting strategies and a lack of public consultation.

Lawyers for Climate Action NZ and the Environmental Law Initiative submitted a judicial review application to the Wellington High Court on Tuesday, targeting the second Emissions Reduction Plan released in December.

The legal challenge alleges the government’s revised strategy is “neither credible nor capable” of achieving its net-zero target, relying heavily on tree planting, carbon capture, and other offsetting mechanisms instead of cutting emissions at the source.

It also accuses the right-leaning coalition, which came to power in November 2023, of repealing at least 35 climate policies — including the clean car discount and a decarbonisation fund — without public consultation, in breach of national law.

“This will be one of the first legal cases in the world challenging a government’s pursuit of a climate strategy that relies so heavily on offsetting rather than emissions reductions at source,” the Environmental Law Initiative said in a statement.

The government’s plan includes a “technology-led approach” that emphasises economic growth alongside emissions reduction.

It features investments in carbon capture, afforestation, landfill gas recovery, and organic waste management. By 2050, the government projects 700,000 hectares of new forest.

Climate Change Minister Simon Watts said in April that the country remains committed to limiting global warming to 1.5°C and that current policies will meet emissions targets up to 2030.

On Tuesday, a spokesperson for Watts said the minister was “aware” of the legal proceedings but declined to comment while the matter is before the courts.

New Zealand’s Climate Change Commission has warned of an “urgent need” to strengthen existing policies to ensure long-term climate resilience.

Though New Zealand accounts for a small share of global emissions, the island nation faces severe climate impacts, including coastal erosion, biodiversity loss, extreme weather, and displacement risks.

The Green Party has backed the legal challenge, saying the government’s climate plan is “not worth the paper it is written on.”