1 00:00:00,080 --> 00:00:02,440 Speaker 1: Now let's keep talking about the climate, because I suppose 2 00:00:02,440 --> 00:00:04,920 Speaker 1: it is related. The Government is defending its climate plans 3 00:00:04,920 --> 00:00:07,680 Speaker 1: in court today. Lawyers for Climate Action and the Environmental 4 00:00:07,760 --> 00:00:10,160 Speaker 1: Law Initiative have taken the government to the High Court 5 00:00:10,160 --> 00:00:12,559 Speaker 1: in Wellington, accusing it of failing to meet its lawful 6 00:00:12,600 --> 00:00:16,599 Speaker 1: obligations when it approved the emissions reduction plan. Jessica Paleray 7 00:00:16,720 --> 00:00:19,200 Speaker 1: is the executive director of Lawyers for Climate Action and 8 00:00:19,280 --> 00:00:22,480 Speaker 1: is with us. Jessica, Hello, hy here the what are 9 00:00:22,480 --> 00:00:25,279 Speaker 1: you saying that they've done which is illegal? What is 10 00:00:25,320 --> 00:00:26,680 Speaker 1: it that they've done which is unlawful? 11 00:00:27,920 --> 00:00:30,680 Speaker 2: Yeah, there's a few aspects to it. The most basic 12 00:00:30,720 --> 00:00:33,320 Speaker 2: point is that the government continues to assert that it's 13 00:00:33,360 --> 00:00:36,200 Speaker 2: committed to meeting our climate targets and that we're on track. 14 00:00:36,720 --> 00:00:39,720 Speaker 2: But in this case, what we're asking is is that true? 15 00:00:39,880 --> 00:00:42,680 Speaker 2: Does the government's plan really stack up? Or is it 16 00:00:42,720 --> 00:00:45,360 Speaker 2: fudging the numbers and taking New Zealand on a high 17 00:00:45,479 --> 00:00:49,600 Speaker 2: risk and expensive path forward when we're presenting evidence that 18 00:00:49,680 --> 00:00:51,839 Speaker 2: shows that our chance of meeting the targets is a 19 00:00:51,880 --> 00:00:53,680 Speaker 2: little better than a coin toss, and that for some 20 00:00:53,760 --> 00:00:56,960 Speaker 2: of our future targets we're actually off track. So we're 21 00:00:57,040 --> 00:01:00,280 Speaker 2: arguing that the law requires more, it requires as a 22 00:01:00,320 --> 00:01:03,560 Speaker 2: less risky approach when it comes to our climate response, 23 00:01:04,319 --> 00:01:05,959 Speaker 2: and that the government should go back and do a 24 00:01:06,000 --> 00:01:06,520 Speaker 2: better job. 25 00:01:06,720 --> 00:01:09,520 Speaker 1: Okay, So if you win this court case, what is 26 00:01:09,520 --> 00:01:11,760 Speaker 1: the practical outcome of it. Will they have to redo 27 00:01:11,840 --> 00:01:12,399 Speaker 1: the numbers? 28 00:01:13,440 --> 00:01:15,559 Speaker 2: Yeah, they may need to redo parts of the plan. 29 00:01:15,920 --> 00:01:19,600 Speaker 2: We're also seeking decorations what should the law be, because 30 00:01:19,640 --> 00:01:22,440 Speaker 2: at some points it's actually unclear and we disagree with 31 00:01:22,480 --> 00:01:24,679 Speaker 2: the government on what the law is. These are things 32 00:01:24,720 --> 00:01:27,520 Speaker 2: that have never been tested before. It's a really novel 33 00:01:27,800 --> 00:01:30,280 Speaker 2: first of its client case in New Zealand. So we're 34 00:01:30,280 --> 00:01:33,160 Speaker 2: clarifying the law and we're going to lay down what 35 00:01:33,319 --> 00:01:35,440 Speaker 2: has to be done in the future to make sure 36 00:01:35,480 --> 00:01:38,480 Speaker 2: that New Zealand is on track and ultimately require the 37 00:01:38,480 --> 00:01:40,720 Speaker 2: government to go back and do a better job on 38 00:01:40,760 --> 00:01:41,120 Speaker 2: its plan. 39 00:01:41,280 --> 00:01:43,160 Speaker 1: Okay. So let's say that you win this court case 40 00:01:43,200 --> 00:01:45,000 Speaker 1: and they are forced to go and do the numbers 41 00:01:45,040 --> 00:01:47,280 Speaker 1: all over again, and that there is a short fall 42 00:01:47,840 --> 00:01:51,400 Speaker 1: and it's proved what happens, then. 43 00:01:53,080 --> 00:01:56,680 Speaker 2: Well, we'll then scrutinize whether the new plan passes muster 44 00:01:56,800 --> 00:01:58,760 Speaker 2: and if it does, then that's great. These kinds of 45 00:01:58,880 --> 00:02:01,160 Speaker 2: challenges have actually happened, and all around the world. So 46 00:02:01,240 --> 00:02:04,600 Speaker 2: in the UK the government was challenged two times on 47 00:02:04,680 --> 00:02:06,920 Speaker 2: its plan and had to go back two times and 48 00:02:06,960 --> 00:02:09,280 Speaker 2: do a better job. They just released another plan earlier 49 00:02:09,280 --> 00:02:11,960 Speaker 2: this year, and that plan actually appears to pass muster. 50 00:02:12,320 --> 00:02:15,080 Speaker 2: But this kind of challenge, this kind of accountability is 51 00:02:15,120 --> 00:02:18,040 Speaker 2: critical because we've got climate targets that we've got legal 52 00:02:18,080 --> 00:02:21,800 Speaker 2: obligations to meet and that actually the government can't just 53 00:02:21,880 --> 00:02:23,720 Speaker 2: say that it's going to meet them. It has to 54 00:02:23,880 --> 00:02:27,600 Speaker 2: really have robust analysis and evidence behind them, and that's 55 00:02:27,600 --> 00:02:28,200 Speaker 2: what this case is. 56 00:02:28,400 --> 00:02:31,400 Speaker 1: So essentially, if it has proved that they have not 57 00:02:31,560 --> 00:02:34,320 Speaker 1: actually been as robust in the numbers as they say 58 00:02:34,360 --> 00:02:37,680 Speaker 1: they are, they may be forced to actually enforce more 59 00:02:37,800 --> 00:02:40,880 Speaker 1: cuts elsewhere, like they may be forced to kind of 60 00:02:40,919 --> 00:02:43,520 Speaker 1: beef up their climate reaction. Would that be fair. 61 00:02:44,360 --> 00:02:46,840 Speaker 2: Yeah, we think that's actually a really good thing if 62 00:02:46,840 --> 00:02:51,040 Speaker 2: that is what happens, and what happens then, I mean, look, 63 00:02:51,080 --> 00:02:54,200 Speaker 2: the government can always change the law, so they could 64 00:02:54,200 --> 00:02:56,440 Speaker 2: weaken it if they want to, but that's really not 65 00:02:56,520 --> 00:02:59,600 Speaker 2: in New Zealand's interests here. I mean, we've got obligations, 66 00:02:59,680 --> 00:03:02,720 Speaker 2: just like almost every other country in the world to 67 00:03:03,280 --> 00:03:06,359 Speaker 2: try to do our best to cut emissions. I mean, there's 68 00:03:06,400 --> 00:03:08,919 Speaker 2: some irony that we're in court this week making these 69 00:03:09,000 --> 00:03:11,600 Speaker 2: arguments at a time in New Zealanders are paying huge 70 00:03:11,639 --> 00:03:14,360 Speaker 2: prices at the petrol pump. And this is relevant because 71 00:03:14,400 --> 00:03:16,840 Speaker 2: part of our case is actually challenging the way that 72 00:03:16,880 --> 00:03:21,160 Speaker 2: the government has just gutted climate policy after climate policy 73 00:03:21,440 --> 00:03:24,280 Speaker 2: policies that would have made it cheaper to buy evs, 74 00:03:24,320 --> 00:03:27,320 Speaker 2: that would have reduced our reliance on imported oil and gas. 75 00:03:27,800 --> 00:03:31,400 Speaker 2: These kinds of decisions actually impact New Zealanders and we're seeing, 76 00:03:32,200 --> 00:03:35,360 Speaker 2: you know, whether it's the extreme devastating weather events earlier 77 00:03:35,400 --> 00:03:37,960 Speaker 2: this year, whether it's the super high price of petrol 78 00:03:38,000 --> 00:03:40,400 Speaker 2: and the fact that we don't have good transport policies 79 00:03:40,720 --> 00:03:44,560 Speaker 2: that help us electrofy our transport fleet. We're seeing the 80 00:03:44,560 --> 00:03:46,760 Speaker 2: effects of those and what they mean for New Zealanders 81 00:03:46,800 --> 00:03:49,240 Speaker 2: here and now, and really, at its heart, that's what 82 00:03:49,280 --> 00:03:50,560 Speaker 2: this case is about. Good stuff. 83 00:03:50,640 --> 00:03:52,120 Speaker 1: Jessica, lovely to talk to you. Thank you so much, 84 00:03:52,200 --> 00:03:56,080 Speaker 1: Jessica Paleray, who's lawyers for Climate Actions Executive Directors. For 85 00:03:56,200 --> 00:03:59,440 Speaker 1: more from Heather duplessy Ellen Drive Listen live to News 86 00:03:59,480 --> 00:04:03,000 Speaker 1: Talk said from four pm weekdays or follow the podcast 87 00:04:03,080 --> 00:04:04,080 Speaker 1: on iHeartRadio,