Smith v Fonterra in the Supreme Court w/ Geoff McLay: August 17, 2022

The Supreme Court is currently hearing arguments in a case that could decide whether polluting companies are breaching important duties to New Zealanders. 

Sitting at the Environmental Court in Auckland, the Supreme Court will make a decision as to whether or not to strike out a claim against New Zealand’s 7 biggest emitters of greenhouse gasses by a Northland man who says they are breaching well-established common law principles by contributing to climate change.

Mike Smith is the climate spokesperson for the Iwi Chairs Forum, and is claiming that ongoing pollution by corporations such as Fonterra, Genesis and Z Energy has damaged his Whenua and sites of cultural and historical significance to him and his whānau.

To discuss the legal aspects of this case, as well as the role of tikanga Maori in the decision-making, Emilia Sullivan spoke to Geoff McLay from Victoria University Law School.