The Environmental Law Reports of New Zealand (ELRNZ) has reported the 13 July 2023 decision by Justice Palmer in the High Court at Wellington, brought by the Lawyers for Climate Action NZ Inc against the Minister for Climate Change.

The applicant challenged the Climate Change (Auctions, Limits, and Price Controls for Units) Amendment Regulations 2022. In particular, the applicant claimed the Minister of Climate Change did not have reasonable grounds to be satisfied that the settings preferred by Cabinet (and adopted by the Minister) were consistent with section 30GC(2) or (3) of the Climate Change Response Act 2002.

According to the Court's summary, a two-day hearing was scheduled to commence on 21 August 2023. However, the Minister admitted he erred in recommending the unit limits and price control settings for 2023 to 2027 that were adopted in the Amendment Regulations. The parties agreed on the error and on the relief required. 

Read the ELRNZ headnote and full judgment on Westlaw here.