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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 24/08/2026

ELI’s Senior Legal Researcher, Anna Sintenie reflects on the actions councils and government need to take to protect wetlands in Aotearoa, following our latest report, which finds that despite stronger rules, we're losing wetlands at an alarming rate.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 24/08/2026

“Wetlands are the connectors across our diverse landscapes, linking the mountains to the sea, and allowing migratory species to complete their lifecycles. "At a human level, they are also where the food and fibre sector began in Aotearoa.” Read here: www.eli.org.nz/updates/wetl... #wetlands

eli.org.nz

Stronger rules haven’t halted wetland destruction yet, so what must councils do? — Environmental Law Initiative

“Wetlands are the connectors across our diverse landscapes, linking the mountains to the sea, and allowing migratory species to complete their lifecycles.  At a human level, they are also&nb...

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 19/08/2026

Opposition parties have pledged to repeal the legislation if elected in Nov, meaning the law may be a pause, not a permanent barrier to tort-based climate litigation. We mihi to you Mike Smith, for your leadership and for fearlessly standing up for all of us, for future generations and for te taiao.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 19/08/2026

Despite this, the passage of a single law does not eliminate climate accountability. Governments can close off one legal avenue, but they cannot eliminate climate harm, public concern, or the demand for justice. As climate impacts intensify, climate litigation will continue to evolve and adapt.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 19/08/2026

Last month, a damning Climate Commission report found NZ is at risk of missing all its climate targets. The Govt has not created any alternative mechanism to address climate-related harm, allocate responsibility for that harm, or require emissions reductions to be consistent with NZ's obligations.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 19/08/2026

The legislation extinguishes a live proceeding that the Supreme Court had allowed to proceed to trial, closes a pathway for future climate harm claims, and removes a mechanism for holding major emitters accountable. It weakens access to justice and accountability while climate harm is increasing.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 19/08/2026

Climate accountability claims, including our own case with Lawyers for Climate Action, against the Minister for Climate Change, are continuing through other legal pathways.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 19/08/2026

The Govt has blocked one form of climate litigation (tort-based), stopping Mike Smith's landmark lawsuit against the country's biggest polluters, but climate litigation in NZ continues. On the very day Parliament acted to stop Smith v Fonterra, the Supreme Court was hearing Smith v Attorney-General.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 19/08/2026

Last night, the New Zealand Government passed into law the Climate Change Response (Tort Liability) Amendment Bill. We've been opposing that law change, alongside Mike Smith, and many others for the last few months (in fact, 93% of public submissions opposed it). #nzpol #climate #ClimateLitigation

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 28/07/2026

If the northern hoiho population can sustain the loss of four birds a year to fisheries bycatch on top of all the other pressures it faces, we would like to understand the scientific basis for that conclusion.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 28/07/2026

And that is before even considering losses to other threats known to be decreasing the population, such as disease and malnutrition. We are particularly interested in the advice provided to the Minister in reaching this decision.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 28/07/2026

We must avoid all bycatch deaths. It is the one threat that can be readily managed. The ongoing cumulative loss of three or four birds each year would quickly erode an already small breeding population, threatening both viability of local colonies and the long-term recovery of the population.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 28/07/2026

The announcement does little to change the status quo. Four hoiho were killed in the 24/25 fishing year, five the year before that and four the year before that. The number of northern hoiho breeding pairs continues to crash. The next few years are crucial to their long-term survival.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 22/07/2026

"Many emissions reductions depend on decisions made well before the reductions are realised, and some options ... are no longer available." While we still await the Court's decision, it's time for the Minister and this Government to deliver effective, genuine climate policy. Read more at the link.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 22/07/2026

Now, the Climate Commission has issued a stark warning: "If the government did not come up with new ways to save emissions within the next year or two, the country would not be able to meet some of its targets at all, the commission warned. "The time available to correct course is now short,".

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 22/07/2026

In March we were in the High Court with Lawyers for Climate Action, challenging Minister for Climate Change Simon Watt's emissions reduction plans. From the get-go, it was obvious the plans don't achieve the cuts to emissions necessary to meet Aotearoa NZ's #climate goals & obligations. #nzpol

rnz.co.nz

New Zealand now at risk of missing all its climate targets, Climate Commission warns

New Zealand is at risk of missing all of its climate targets, and time to get back on track is running out, the Climate Change Commission says.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 02/07/2026

The New Zealand seafood industry has marketed many of its orange roughy products as sustainably caught. This judgment calls that into question. As the science shows, it will take decades to rebuild key orange roughy populations.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 02/07/2026

We challenged the Minister’s 2023 decision because bottom trawling and over-fishing have once again led to significant decline of key orange roughy populations.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 02/07/2026

“The Court has made it clear – the law requires the Minister for Oceans and Fisheries to ensure that potential habitats of particular significance for fisheries management, including orange roughy spawning grounds, are protected.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 02/07/2026

Breaking: High Court WIN in ELI v Minister for Oceans and Fisheries The Court found the Minister’s 2023 orange roughy catch decision to be unlawful because it didn’t properly consider how to protect important habitats, including spawning grounds, from the effects of bottom trawling. #nzpol

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 01/07/2026

In light of this, ELI says the Government need to pull the Climate Change Response (Tort Liability) Amendment Bill introduced this week under urgency (which would prohibit climate tort litigation). It is clear the Bill is not in the public interest. Read the Ombudsman final opinion at the link.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 01/07/2026

The Ombudsman's report finds the Prime Minister's Office has acted unreasonably. The Ombudsman is also concerned about possible widespread use of personal emails in the Prime Minister's Office.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 29/06/2026

It is important for the Court to scrutinise whether this decision was lawful, and for Mike Smith to be heard.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 29/06/2026

The Prime Minister has said climate harms should not be dealt with by the courts because they are ‘the responsibility of the State’. But the courts are part of the State. Their job is to hear claims of harm, determine rights and responsibilities, and uphold the rule of law.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 29/06/2026

At stake here is whether powerful corporate interests can secure legislative intervention to avoid scrutiny by the courts, without a fair process and without the public being able to see how that decision was made. #nzpol #climate #SmithvFonterra #climatelitigation www.rnz.co.nz/news/politic...

rnz.co.nz

Climate change activist files High Court proceedings over government ruling

A climate change activist has filed a court case against the government's plans to prevent companies being sued over their greenhouse gas emissions.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 24/06/2026

Less than 10% of original wetlands in Aotearoa remain. Wetlands provide flood protection, habitat for important biodiversity, and store large amounts of carbon. This report shows, the extent of wetlands continues to be chipped away at. That needs to stop. Read more: www.eli.org.nz/updates/wetl...

eli.org.nz

New mapping shows wetland loss continues, with conversion to pasture the leading cause — Environmental Law Initiative

A new report commissioned by ELI shows that Wetlands in Aotearoa continue to be converted into farmland, forestry and other modified land uses, despite strengthened national protections introduced in ...

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 24/06/2026

These changes are likely permanent, human-induced loss, where wetlands have been drained, cleared and converted into dry land uses.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 24/06/2026

The report, The Root Causes of Wetland Loss in New Zealand: Statistics Update 2026, identifies at least 416 hectares of natural wetland converted to modified land between 2018 and 2023. Most of this was to pasture, followed by loss to plantation forestry and mining.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 24/06/2026

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 18/06/2026

“We are concerned it leaves Aotearoa New Zealand without the depth of science and research that is needed to sustainably manage fishing activity, at a time when there are ever increasing impacts on the marine environment,” says Dr Hall.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 18/06/2026

In the 2023/24 and 2024/25 fishing years, ELI says at least $3,663,252 was misallocated by Fisheries NZ, meaning the Crown paid for research and science that should have been paid for by the fishing industry. This means that there is a shrinking pool of science and research being done.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 18/06/2026

“Our evidence to the Court painted a clear picture that successive governments have undercharged the fishing industry, with a shortfall of millions of dollars being borne by the public rather than industry. We believe this was unlawfully done,” says ELI’s Director, Legal and Research, Dr Matt Hall.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 18/06/2026

We've wrapped up our four-day High Court hearing challenging the government’s under-levying of the fishing industry. More science, research and observer coverage is needed to protect marine wildlife and ecosystems from the impacts of fishing. #oceans #conservation #sustainablefisheries

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 17/06/2026

Meanwhile, in Canterbury, changes to the law in the last 18 months have enabled conversions of farm to more intensive dairy operations, totalling 10s of thousands of new dairy cows.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 17/06/2026

Developments in the international position on the levels of pollution acceptable to protect our health show that, as a bare minimum, we need a precautionary approach to managing the amount of nitrogen pollution being allowed to enter the system, in decisions that are being made now.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 17/06/2026

In some regions, the receiving water is peoples' drinking water supply. Nitrogen, once in the system, can remain there for a long time, even if the pollution has slowed or stopped.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 17/06/2026

It is good to see the Ministry of Health is reviewing the health effects of nitrate in drinking water. Decisions allowing nitrogen wasted from farms to pollute water often lock in that pollution to continue for years, or even decades to come. #nitrates #freshwater www.rnz.co.nz/news/health/...

rnz.co.nz

Health ministry launches review into effects of nitrate in water

The Ministry of Health has quietly launched a review into the health effects of nitrate in drinking water.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 15/06/2026

“These services are the backbone of sustainable fishing. They need to be properly resourced so that the Government can monitor and protect vulnerable marine species like dolphins, seabirds, and turtles from the impacts of fishing.” We'll keep you posted as the hearing continues.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 15/06/2026

Under the Fisheries Act, Fisheries NZ is required to cost recover services from the fishing industry for services like stock assessments, research, and placing observers on vessels.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 15/06/2026

Given the fishing industry pays no resource rentals or royalties, the levy is the only cost the industry pays for what is in many cases exclusive use of a public resource.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 15/06/2026

As The Post reports, "At the centre of the case are decisions by Oceans and Fisheries Minister Shane Jones, who reduced the total industry levy from $41.2 million to $36.3m for the 2024/25 fishing year." #nzpol

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 15/06/2026

We are underway in the High Court this morning! "The Environmental Law Initiative says successive governments have failed to properly recover the costs of fisheries management, effectively creating a multimillion-dollar subsidy for the commercial fishing industry." www.thepost.co.nz/politics/361...

thepost.co.nz

The Post

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 11/06/2026

While onboard cameras are useful for verifying catch reporting, they cannot replace human observers on the water, especially when it comes to monitoring interactions with protected species like dolphins, seabirds, and turtles.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 11/06/2026

Aotearoa NZ's seafood export revenue exceeds $2 billion annually, yet the levies charged to the industry sit at less than 2% of revenue. Despite this, the Minister dropped the levy from $41.2m to $36.3m, while at the same time, inshore observer coverage was slashed from 1,953 days down to just 277.

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Environmental Law Initiative - Aotearoa NZ @eli-aotearoa.bsky.social · 11/06/2026

Next week, we are heading to the High Court in Wellington, to challenge the Minister for Oceans and Fisheries and the Minister of Conservation over critical cuts to the fisheries observer programme and the undersized levy charged to the fishing industry.

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