Mike Smith Photo: Johnny Blades / VNP
In this episode of Mata: Mike Smith discusses his groundbreaking climate change court case, then commentators Khylee Quince and Matt Tukaki reflect on the first 100 days of the coalition government.
The impacts of climate change on an iwi leader’s whānau and whenua is already evident as he prepares to have his case against seven polluters heard in court, he says.
Climate activist Mike Smith, of Ngāpuhi and Ngāti Kahu, says the group, including Fonterra, Z Energy, and Genesis Energy (which together make around a third of New Zealand's emissions), have a legal duty to him and others in communities who are being damaged by planet-heating gases.
Smith told Mata with Mihingarangi Forbes a fundamental concern of his is that the government was going soft on polluting industries and will not take appropriate actions to bring them into line with Aotearoa’s international obligations to reduce emissions as fast as possible.
“We’re going to the courts to get binding decisions on behalf of the court that instruct the companies that they must start reducing their emissions at speed, and that, if they don’t, they’ll be liable for compliance and enforcement actions.”
Smith’s case focused on the impact the polluters were having on his whānau and whenua in the Far North.
“We can already observe the types of changes that climate change is impacting upon our people.”
Smith said the Far North was suffering droughts and some towns have come “within days” of running out of drinkable water.
Storms, cyclones, coastal erosion, and floods were also happening more frequently, he said.
“It’s blisteringly hot. This summer’s been really, really hot… I look at some of our whānau working outside, and I’m sure that’s having health implications for them.”
Smith said his case was not just about adapting to climate change, but Aotearoa doing the best it can to prevent it, reduce emissions, and challenge industries and the government.
“We can all raise our voices together and create the type of mandate that’s required for the government and our own iwi authorities and our own iwi businesses to start developing climate plans and to prepare for what’s coming.”
Smith said he was not sure when the case would be heard, but it was likely to be in 2025 or 2026.
For now, he was preparing his case, assembling evidence, and seeking expert witnesses it would call to give evidence in the trial.
Such a case was a first – and he said it would be watched with great interest.
“It opens the opportunity for other legal claims of a similar nature, not only here within Aotearoa but right around the western world, at least.”
Genesis Energy previously said in a statement it was "disappointed," and that the case would divert resources from actually cutting emissions by building up renewable energy.
Lawyers for the big emitters had argued in court that damage from climate change affected everyone and was best tackled by laws and Parliament, not by the courts using common law.
