Back in November 2023, Consumer, the Environmental Law Initiative (ELI) and Lawyers for Climate Action (LCANZI) filed a claim with the High Court seeking declarations that Z Energy breached the Fair Trading Act by misleading New Zealanders with its public messaging about emissions reductions through its 'Moving with the times' advertising campaign.

“We’re disappointed that, instead of getting on with addressing the merits of the case, Z Energy has focused on attempting to prolong the pre-trial process with an application for further particulars on the basis that it did not understand the case against it,” said Jon Duffy, Consumer chief executive.

“Thankfully, at a recent hearing, the High Court agreed that our case is clearly articulated, and that it should proceed without further delay.

“In fact, the judge’s decision notes that our claim has been ‘prepared with care’, and the way we divided our claims into specific categories was ‘sensible and makes the claim more manageable’. The decision also usefully set out some amendments to improve the pleadings from a technical perspective. The only changes actually ordered by the judge were ’technical in nature’,” said Duffy.

The judge said the next stage in the proceeding, known as the discovery process, should not be held up.

“It is disappointing that it’s 8 months since we started this court action, and we are not further forward,” said Duffy.

According to Jessica Palairet, executive director at LCANZI, delay tactics are commonly used by big businesses, especially big emitters with deep pockets.

“This pattern of behaviour is all too familiar to climate and environmental advocates, usually not for profits or concerned individuals, taking similar cases around the world. When serious polluters like fuel companies are called out in legal proceedings, they often use delaying tactics to increase the costs, time and resources needed to run a case, in the hope of making it go away,” said Palairet.

Consumer, ELI and LCANZI will now amend their claim to incorporate the minor amendments directed by the judge and eagerly await the discovery process, where information relevant to the case will be exchanged.

“It’s important that this court action sends a signal to businesses big and small that you need to be able to back up your green claims or you will get found out. This is especially true if your business involves profiting from the sale of fossil fuels,” said Duffy.