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Court of Appeal Wellington
CA128/2020; [2021] NZCA 552
9, 10 February; 21 October 2021
French , Cooper and Goddard JJ
CA128/2020; [2021] NZCA 552
9, 10 February; 21 October 2021
French , Cooper and Goddard JJ
Strike out — Appeal — Strike out principles — Common law tort claim — Climate change — Regulatory response required — No principled basis for liability — Net-zero emissions — Offsetting.
Tort — Public nuisance — Climate Change — Public rights — Underlying illegality not required — Special damage rule — No sufficient connection between the actions of defendants and loss suffered by the plaintiff.
Tort — Negligence — Climate change — Whether Duty of Care — Proximity — Policy — Limitless class of contributors — Not appropriate to recognise duty of care.
Tort — Breach of duty — Scope of novel tort — Requirement to delineate elements — Mere novelty insufficient.