There is currently a global movement in common law jurisdictions for plaintiffs to use the court system to evoke change and develop climate change jurisprudence. Notably, in New Zealand we have recently seen a new tort of ‘breach of duty’ claimed in an attempt to make various companies responsible to the public for their emissions.

Following the New Zealand Court of Appeal decision of Smith v Fonterra Co-operative Group Limited [2021], Kennedys experts in New Zealand, Australia, the United Kingdom and United States provide a cross-jurisdictional review of the risk of this potential new tort also emerging in their respective countries.