'The new coalition government led by prime minister Christopher Luxon confirmed the repeal will happen on Tuesday, delivering on one of the actions of his coalition’s ambitious 100-day plan.
The government repeal will be put before parliament as a matter of urgency, enabling it to scrap the law without seeking public comment, in line with previously announced plans.' #nzpol#nzlaw#smoking#tobacco#healthlaw
Iwi leader Mike Smith has won the right to sue seven big polluters for their role in causing climate change, in a Supreme Court of New Zealand ruling...
The Supreme Court reinstated Smith's case, after it was earlier thrown out by the Court of Appeal on the basis there was no reasonable basis for argument.
The climate activist, 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.
He wants them to either stop polluting, or start bringing emissions down quickly.
An important feature of the case is the role of tikanga Māori, and how it determines Smith's relationship to coastal land and waters which are being flooded and damaged.
The Supreme Court noted it was not ruling on whether the case had a good chance of succeeding, only that "Mr Smith now gets his day in court".
The case also confirms that the courts have an important role to play in the response to climate change, alongside regulation. The common law is able to evolve in harmony with the Climate Change Response Act - the CCRA does “not purport to cover the entire field”.
However, as noted above, this should not be seen as a radical or unorthodox result. As a general principle, those who cause harm should be held responsible for it. This is especially so when the harm infringes on fundamental rights, including both human and property rights such as those claimed by Mr Smith.
Just as the common law has responded to other new harms in the past (such as defective consumer goods and pollution) the common law should be given an opportunity to develop and respond to the challenges presented by the climate crisis. This can only happen if cases such as Mr Smith’s are allowed to proceed to a full trial at which the issues involved can be fully explored'
Māori anger at moves to unravel decades of progress isn’t just on the streets. It’s in the courts | Jamie Tahana https://www.theguardian.com/world/2024/feb/03/waitangi-day-treaty-events-new-zealand-maori-policies-unwind#nzlaw#nzpol#IndigenousIP#TreatyofWaitangi 'In December, Waikato-Tainui filed a high court case against the government’s plan to roll back the use of Māori language, claiming it breaches the terms of its settlement. Ngāi Te Rangi has filed a claim with the Waitangi Tribunal over the language policy. Another organisation has filed a claim over the plan to abolish the Māori Health Authority. A challenge over the treaty principles bill is almost certain.'
Crown acknowledges it did not consult Treaty partner on axing of Māori Health Authority https://www.rnz.co.nz/news/political/505115/crown-acknowledges-it-did-not-consult-treaty-partner-on-axing-of-maori-health-authority The claim, Wai 3307, is being led by Lady Tureiti Moxon and the head of a Māori primary health organisation, Janice Kuka. They said it has been lodged on behalf of the governors, managers, staff, and Māori cared for by Māori-owned primary health organisations and Māori providers with general practitioner clinics.
The Statement of Claim said disestablishing the authority would force Māori health providers to continue operating in an overstretched and underfunded capacity. #nzlaw#nzpol#IndigenousIP
A scathing 42-page assessment of the agreement by Ngā Toki Whakarururanga (NTW), an entity that monitors government trade moves to protect Māori interests, says there are "minimal tangible gains for Māori exporters" and "no realistic gains" for non-exporting pakihi, kaimahi or wāhine Māori’.
The Crown was encouraged into cooperating with NTW following 2021’s Wai 2522 Waitangi Tribunal Inquiry into the Trans-Pacific Partnership Agreement (TPPA), to the point where issues were discussed before today’s announcement.
“We acknowledge that the Crown has sought to improve its processes and to strengthen Tiriti protections in this FTA, where the EU would agree,” the group says.