Climate Change, Māori and the Law

Kaitiakitanga: A principle of tikanga Māori involving guardianship, protection, and stewardship of the natural environment, recognizing a reciprocal obligation to care for its physical and spiritual welfare.
Environmental Harm: Under tikanga, environmental harm is morally unacceptable (hara) affecting kaitiaki (custodians) and mana whenua (indigenous rights holders), carrying collective and individual dimensions of responsibility and consequence.
Climate Change as a Threat Multiplier: Māori face heightened risks from climate change due to geographical locations and industries they predominantly work in, making inequalities between groups worse.
Disproportionate Impact: More than 80% of Māori households are in areas exposed to flooding, and about 1 in 7 live in coastal areas projected to flood due to rising sea levels.
Impact of Colonization: Historically, hapū were forced into sub-optimal lands, increasing vulnerability to flooding, coastal erosion, and drought.
Planning Rule Consequences: affect the ability of hapū to implement their own adaptation actions.

Background: Smith sued 7 companies for excessive greenhouse gas emissions, alleging damage to his whenua (land) and moana (ocean) of cultural significance.
Claims: Breaches of tort law including nuisance, negligence, and a new climate tort.
Nuisance Claim: Rejected because the harm from climate change affects everyone, and causation was not established.
Negligence Claim: Rejected because companies did not owe a duty of care to Smith, and the loss was not sufficiently connected to their actions.
New Climate Tort Claim: Initially not struck out, requiring a full trial.
Supreme Court Appeal: In 2024, the Supreme Court allowed the appeal, enabling Smith to argue all three causes of action in the High Court.
Tikanga Māori Importance: The specific loss pleaded by Smith is partly tikanga-based, requiring the trial court to engage with tikanga.

Waitangi Tribunal: A commission of inquiry established through the Treaty of Waitangi Act 1975, that can inquire into Treaty claims and make recommendations.
Applications for Climate Change Inquiry: Claims include inadequacy of the Emissions Trading Scheme and Emissions Reduction Plan, failure to consult with Māori, and insufficient steps to reduce GHG emissions.
Deputy Chairperson Decision: Granted priority for a kaupapa inquiry into climate change policy, focusing on physical, spiritual, and socioeconomic impacts on Māori and the Crown’s response.

Māori civil society is engaging with courts and the Waitangi Tribunal to hold corporations and the Crown accountable for climate change impacts, with outcomes yet to be determined.