Smith v Fonterra (et al) - Fonterra’s case for legislative change to Climate Change Response Act

Fonterra provides the following statement in response to recent media coverage regarding the government’s announcement that it intends to introduce an amendment to the Climate Change Response Act, and the Smith v Fonterra (et al) case. 

Fonterra has publicly maintained its position since Mr Smith first made his claims against Fonterra and six other companies in 2019 that climate change is a matter of significant public and economic policy requiring a sophisticated, nationally coordinated response. Decisions of that scale — including how New Zealand achieves its emission reduction goals and commitments while protecting energy security, critical supply chains, investment confidence and export competitiveness — are properly made by Parliament, not the courts.

We welcome the announcement from Minister Goldsmith that the government intends to introduce an amendment to the Climate Change Response Act designed to  prevent findings of liability for tort for climate change damage or harm caused by greenhouse gas emissions in both current and future proceedings before the courts.

Like many businesses Fonterra engages constructively with government on a number of policy issues including climate change and emissions reductions.

The following document was prepared as part of this engagement, and shared with Mr Smith during the discovery process in the current litigation brought by Mr Smith against Fonterra, Genesis, Z Energy, New Zealand Steel, Dairy Holdings and BT Mining.