This seminar discussed the role of tort law in addressing climate change. it discussed the current landscape of climate litigation, the role of tikanga Māori (Māori common law), and climate change as an intergenerational externality with potential market and regulatory failures. It examined an alternative view inspired by the Coase theorem, suggesting courts could internalize externalities and overcome obstacles to state action. It proposed the concept of “climate comity,” drawing from private international law principles developed by courts for mutual benefit. The seminar also discussed the suitability of tort law to impose responsibility for “unreasonable” emissions or recognise environmental rights, to provide judicial guardrails against inadequate government action on climate change.

Download the seminar slides here: LEANZ Smith v Fonterra April 2024

About Seminar:

This seminar explores whether New Zealand’s wholesale electricity market (WEM) is fit for the future as the country transitions towards a highly renewable energy system. It outlines the current WEM structure, including the spot market, hedge market, and ancillary services market. It examines anticipated changes in the physical electricity system, such as the increasing share of intermittent renewables like wind and solar, the growth in distributed energy resources, and the rising demand due to electrification.

It argues that a market-based approach is preferable over centralized approaches as it promotes competition, innovation, and investment efficiency. It proposes recommendations for “WEM 2.0,” including measures to improve accurate pricing, risk management tools, competition, and public confidence. It emphasizes the importance of capturing innovation and enabling demand-side flexibility to optimize the renewable energy transition while maintaining a reliable and cost-effective electricity supply.

Download the seminar slides here: LEANZ Wholesale Electricity Market Slides May 2024

The recommendations are based on the Market Development Advisory Group (MDAG)’s 2023 paper. Read the paper here: Price discovery in a renewables-based electricity system – Final recommendations paper

About our speakers:

Tony Baldwin provides advisory and project management services to private and public sector organisations on commercial transactions, strategy, and regulatory policy. He has chaired or project managed a range of major projects, including recent reform proposals by the Electricity Authority’s Market Development Advisory Group; the public float of Genesis Energy (and subsequent M&A transactions); ‘unbundling’ access to Telecom’s local loop network; the deregulation and corporatisation of nine statutory producer boards; and restructuring the electricity industry in the 1990s. Before consulting, Tony was a member of the Policy Advisory Group in the Department of the Prime Minister and Cabinet, and a lawyer at Chapman Tripp in Wellington practicing in corporate and securities law. His details are at www.tonybaldwin.co.nz

David Hunt has worked on a wide range of energy and infrastructure issues for public and private sector clients in New Zealand, Australia and Singapore. He combines rigorous economic analysis with strong practical knowledge and understanding.. David was previously Chief Executive of Contact Energy and, before that, worked for a large Australian energy sector participant. Prior to moving into business, David held senior roles at the NZ Treasury, including Economic Adviser to the Minister of Finance. David is deputy chair of the Accident Compensation Corporation, a director of Christchurch City Holdings Ltd, and an associate at Concept Consulting Group.

About the Topic:

Society is facing many seemingly intractable problems: climate change, mental health crisis, pandemics, wars. Charities and the not-for-profit sector make an important contribution in addressing those problems. They strengthen communities, improve social cohesion and deliver social benefits that complement actions by business and government. Charities play a key role in upholding liberal democratic values.

In order to thrive, the charities sector needs an appropriate legal and economic framework. However, it is often misunderstood by commentators and policy makers. Recent developments in New Zealand and around the world create serious risks for the health of the sector.

In her talk Sue Barker will cover topics including: the role of charities in democratic societies, recent developments overseas and in New Zealand with regard to how governments approach charities and the risks they create, what a world-leading legal framework for charities might look like.

This is an online only event. The speaker will talk for 40-45 minutes followed by some time for Q&A.

About the Speaker

Sue Barker is the director of Sue Barker Charities Law, a boutique law firm based in Wellington, New Zealand, specialising in charities law and public tax law. She is a director of the Charity Law Association of Australia and New Zealand and a member of the Core Reference Group for the Government’s review of the Charities Act 2005. Sue is also a co-author of the text The Law and Practice of Charities in New Zealand (LexisNexis, 2013) and a contributor to Regulating Charities: the Inside Story (Routledge, 2017).

In 2019, Sue Barker was awarded the prestigious New Zealand Law Foundation International Research Fellowship, Te Karahipi Rangahau ā Taiao, to undertake research into the question “What does a world-leading framework of charities law look like?”. The report from the Fellowship, “Focus on purpose”, was released in April 2022 making 70 recommendations for charities law reform in Aotearoa New Zealand.

CPD

Lawyers may note that if this seminar is part of your learning objectives in your CPDPR, then the seminar can count for one hour of your 10 CPD hours. Please email the LEANZ contact above to request confirmation of your attendance.