Court of Appeal Wellington
CA494/2022
24 May, 18 July 2023; 7 May 2024
French, Gilbert and Mallon JJ
CA494/2022
24 May, 18 July 2023; 7 May 2024
French, Gilbert and Mallon JJ
Judicial review — Climate change — Lawfulness of Ministerial decision — Decision to grant two petroleum exploration permits — Whether climate change considerations were mandatory relevant consideration — Overarching purpose of Crown Minerals Act — “For the benefit of New Zealand” — Whether purpose of legislation incorporated climate change considerations — Ability to take Climate Change Response Act into account — Whether decision maker failed to have proper regard to principles of Treaty of Waitangi — Impact of climate change on Māori — International obligations — United Nations Framework Convention on Climate Change 1771 UNTS 107.