Internationally, claims aimed at major emitters are accelerating. Professor Jacqueline Peel, Director of Melbourne Climate Futures at the University of Melbourne and a conference speaker, says a major trend is the increasing emphasis on corporate accountability.

"Increasingly, transnational claims are targeting companies for harms from high-emitting activities."

New Zealand cases are also informing global debates about what climate harm looks like in law. Simon Ladd KC, Executive Director of the Legal Research Foundation - also co-hosting the conference – points to the landmark Smith v Fonterra lawsuit as an example of a case in which the role of the common law in climate litigation is front and centre.

The lawsuit saw iwi leader Mike Smith sue several private companies, including Fonterra. Smith alleges their greenhouse gas emissions contribute to global heating and harm him, his whānau, descendants, and others.  

The case, due to proceed in the High Court in 2027, set an important precedent when the Supreme Court permitted the question of whether tort law can, and should, respond to climate change to proceed to trial. The Court also recognised the role that tikanga Māori may play in the development of tort law in New Zealand.

“The common law can develop and evolve, but should it?  If it should, where are the limits? Fundamentally, what is the role of private law claims in meeting the challenge of climate change?” asks Ladd.

Meanwhile, Auckland Law School Professor Caroline Foster is chairing a discussion on the International Court of Justice’s Advisory Opinion on Climate Change and its implications for New Zealand.

Foster is interested in how New Zealand legislators, courts, and decision-makers view due diligence requirements in international law.

“I’m also looking forward to discussions on the relevance of customary international law within the common law, and how the common law can protect New Zealanders’ interests in a stable planet.”

The 2026 Climate Litigation Conference is co-hosted by the University of Auckland’s New Zealand Centre for Environmental Law, Legal Research Foundation and Lawyers for Climate Action New Zealand.