ABSTRACT
Aotearoa’s public law accountability mechanisms are insufficient and poorly placed to prevent and provide relief from climate change-induced harms. By contrast, tort law is well-placed and well-suited to addressing the damage to private property and personal interests. This paper discusses the challenges faced by public nuisance and negligence in providing accountability and relief. The paper is critical of the New Zealand High Court’s approach in Smith and supportive Federal Court of Australia’s approach in Sharma. Following an examination of tort law, in particular duty and causation, the paper concludes the High Court erred in law in Smith and the strike-out of the pleaded actions should be reversed.
Gadekar Brailsford, Feroze, Foreseeable Sea-level Rise and Climate Change Causation: A Discussion of Tort Law’s Role in Providing Relief and Attributing Liability for Climate Change-Induced Harms (June 14, 2021).
First posted 2021-12-09 14:00:43
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