Judicial review: Court of Appeal decision released

28 March 2024

We have been advised that the Court of Appeal has dismissed the appeal against Justice Mallon’s ruling on the judicial review of our advice. 

We have stood by our advice through the court process and maintained that claims we are not sufficiently ambitious are wrong and misrepresent our advice. 

Justice Mallon found in our favour on all grounds, and the Court of Appeal has declined the appeal from Lawyers for Climate Action New Zealand (LCANZI).  

We will review the decision in detail to understand if there are any implications for our work programme and our future advice. 

A copy of the judgment can be downloaded here: [2025] NZCA 80 [PDF – 979 KB]

About He Pou a Rangi Climate Change Commission 

Parliament established the Commission to provide independent, evidence-based, expert advice on how to reach Aotearoa New Zealand’s emissions reduction targets. 

Our core work programme is set out in legislation. The Climate Change Response (Zero Carbon) Amendment Act 2019 requires the Commission to deliver key functions within specific timeframes.  

Under its obligations in the Climate Change Response Act, the Commission’s advice must be based on delivering an economically and technically achievable, and socially just transition to net zero by 2050. 

In our advice to the Government, we use the best available evidence, along with extensive analysis and our expert judgement.  
 
In Ināia tonu nei we presented ambitious, achievable, and equitable paths that Aotearoa New Zealand can take to meet its emissions reduction targets and contribute to global efforts to address climate change. 

Setting Aotearoa New Zealand’s greenhouse gas emissions reduction budgets and deciding on the policies to achieve them is a political and ethical issue for the government of the day.

About the application for judicial review 

The point of difference between the Commission and Lawyers for Climate Action New Zealand (LCANZI) was how quickly emissions should be reduced between now and 2030.   

Our advice on emissions budgets and the emissions reduction plan would see Aotearoa New Zealand meet the 2050 target set by Parliament and this was not challenged. 

Lawyers for Climate Action New Zealand argued there were four grounds for judicial review, taking issue with: 

• How our advice aligns modelling from the IPCC Special Report 2018  

• Interpretation of the purpose provisions of the Climate Change Response Act  

• Forestry Accounting approach 

• Application of all of these together in developing emission budgets 

They sought orders:  

• Requiring the Commission to reconsider its NDC advice and recommended budgets 

• Requiring the Minister to reconsider the NDC in light of the Court’s judgment.  

We rigorously defended our advice. Justice Mallon's High Court ruling on the judicial review found in our favour on all four grounds. This has been upheld by the Court of Appeal.

Judicial review: submissions for appeal hearing
Published 23 November 2023

Judicial review: Commission's application for costs dismissed
Published 23 March 2023

Judicial review: High Court dismisses application
Published 23 November 2022

Decision on judicial review reserved
Published 7 March 2022

Judicial review: submissions and evidence
Published 25 February 2022

Judicial review: amended statement of defence
Published 24 November 2021

Judicial review: statement of defence
Published 3 November 2021

Further response to legal proceedings
Published 8 July 2021

Statement: He Pou a Rangi Climate Change Commission acknowledges legal proceedings
Published 2 July 2021