Judicial review: submissions for appeal hearing

23 November 2023

A High Court decision on an application for a judicial review of the Climate Change Commission’s first advice to the Government, Ināia tonu nei, was appealed by Lawyers for Climate Action New Zealand (LCANZI) earlier this year. In the decision on the Judicial Review released in November 2022, the High Court found in favour of the Commission on all grounds.

The appeal hearing was held in the Court of Appeal this week, from 21–23 November.

The point of difference between the Commission and LCANZI is how quickly emissions should be reduced between now and 2030. Under its obligations in the Climate Change Response Act, the Commission’s advice must be based on delivering an economically and technically achievable transition to net zero in an equitable and inclusive way by 2050.

We understand the importance of the judicial review process in a healthy democracy. As a Crown entity, we expect our work to be robustly assessed in accordance with the appropriate legal standards.

A high-level summary of the Commission’s arguments in defence of the proceeding can be found in paragraphs [8]–[10] of our legal submissions: 

Commission submissions to the Court of Appeal [PDF - 815 KB]

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