The role of strategic litigation in meeting international legal climate obligations and the implications for addressing the energy trilemma in New Zealand

Abstract

There is a twin challenge to reduce carbon emissions to at least net zero, but also to achieve energy security and equity. This article assesses climate litigation in New Zealand within the framework of the energy trilemma based upon analysis of New Zealand’s supply side energy generating systems and resources. Currently 40 percent of total energy consumption and just over 80 percent of electricity generation in New Zealand is produced from renewable sources. Electricity generated from renewable sources is already 100 percent utilised. The New Zealand Government’s most recent Nationally Determined Contribution (NDC) targets of 50 percent of total energy consumption coming from renewable sources by 2035 and 100 percent renewable electricity generation by 2030, is less than 13 and 8 years away, respectively. Considerable new renewable generation capability needs to be developed in that time. The lead time in developing these projects is already heavily constricted, and often encounters legislative hurdles.

Procedural cases which seek to protect local environment and cultural heritage can be misaligned with overarching goals of pure climate cases aiming to increase ambition of NDC’s. The confluence of these claims may create a barrier to some commercial-scale energy projects while increasing risk associated with fossil fuel generation capability. This could project to energy access short falls in the future. The energy trilemma index performance has also seen generally negative trends in recent years. New Zealand has recently seen energy supply deficits offset with imported fossil fuels, suggesting that New Zealand energy sector sustainability performance is intrinsically linked with strong performance in energy equity and security. To be successfully implemented, the energy transition must be well planned, adequately communicated, appropriately resourced, and provided sufficient political support to maximise performance and outcomes in energy trilemma metrics, but also to ensure that decarbonisation goals are achieved.