Modern Australian
The Times

Lawyers challenge New Zealand's proposed emissions budgets as inconsistent with the 1.5℃ goal

  • Written by Robert McLachlan, Professor in Applied Mathematics, Massey University
Lawyers challenge New Zealand's proposed emissions budgets as inconsistent with the 1.5℃ goal

New Zealand’s Climate Change Commission is facing its first legal hurdle, as a group of 300 climate-concerned lawyers seek judicial review of the processes it used to calculate carbon budgets in its recently released advice to government.

Carbon budgets are a cornerstone of New Zealand’s climate change response under the Zero Carbon Act and lie at the heart of the commission’s advice package. They specify the allowed emissions over successive five-year periods, initially up to 2035. The advice calls for net emissions of all greenhouse gases to fall 27% between 2019 and 2030.

The Lawyers 4 Climate Action group claims the commission has misinterpreted pathways in Intergovernmental Panel on Climate Change (IPCC) reports in its calculations, making its advice inconsistent with the act, especially regarding the goal to limit global temperature rise to 1.5℃.

Pending the outcome of the legal challenge, the government is likely to adopt the recommended budgets, which would then flow into the settings of the Emissions Trading Scheme and all other aspects of climate policy.

The commission has engaged extensively with the more than 15,000 submissions it received on its draft advice. So it was surprising that in its final advice, the budgets were increased, allowing higher emissions.

The commission’s immediate reason for the increase was the significant blow-out of emissions in 2019, up by three million tonnes of CO₂-equivalent emissions. It judged this was not a one-off, and has allowed another two million tonnes in each year to 2030.

The commission also had to balance a long list of requirements, including that the budgets be ambitious, achievable and fair to both present and future generations, while supporting the global effort to limit warming to 1.5℃. The commissioners write:

A transition that is fair, inclusive and equitable for people is crucial so that it is acceptable to New Zealanders. Putting the values of manaakitanga, tikanga, whanaungatanga and kotahitanga at the forefront means having a deep ethic of care for people and the land. Having support and buy-in from New Zealanders is vital for meeting and sustaining emissions reduction targets.

But consider Ireland. Like New Zealand, Ireland has high agricultural emissions and a poor climate track record to date. Yet Ireland recently adopted a new climate law that requires net zero emissions of all greenhouse gases by 2050 and cuts of at least 51% between 2018 and 2030. This is unquestionably much stronger than New Zealand’s act.

Many goals, but no easy options

New Zealand is indeed in a tight spot. Decades of delay and spurious manoeuvring have seen emissions rise steadily, with few transition plans in place.

The main emitting sectors are often also key export industries, which should not face unfair competition, while consumption sectors (like private cars) lie broadly across the whole society.

Some key approaches from the past — international carbon trading, and extensive forest planting — have fallen out of favour. Following a collapse in credibility, international carbon trading will need new rules to allow it to restart, while afforestation, though still playing a part, pushes the transition out to future generations.

Read more: How children are taking European states to court over the climate crisis – and changing the law

The scope of the transition is challenging, and the commission argues its budgets are the best combination of ambitious and achievable.

A path towards lower emissions

A major part of the report describes in detail how the budgets could be met. For example, a relatively easy first step is to phase out coal burning for electricity generation.

Coal and gas use in the food industry, mostly for the production of milk powder, has to rapidly decrease. So far, one plant, at Te Awamutu, has been converted from gas to biomass, saving 83,000 tonnes of CO₂-equivalent emissions per year. But by 2030, the industry needs to cut more than 20 times as much.

Fossil fuel use in buildings, like coal boilers in schools, gets a lot of attention, but only adds up to a small part of the cuts needed. All other industries (including steel, aluminium, methanol, cement, mining, hydrogen, and ammonia) need to cut fossil fuel use substantially, preferably without all having to close.

The table below shows the proposed emissions reductions for different sectors, under the commission’s demonstration path.

The transport sector has finally seen government action, with the introduction of an extensive system of fuel efficiency standards and fees and discounts for newly imported vehicles. The commission argued for all of these and more, with a substantial shift away from private cars to active and public transport on a scale beyond New Zealand’s experience.

This transformation is sure to be contentious, from local battles over car parking and cycleways to the entire operation of the public transport system.

New Zealand’s Paris commitments

Another significant piece of advice the commission was asked to give was whether New Zealand’s Nationally Determined Contribution (NDC) is adequate. Climate change minister James Shaw had punted this question to the commission, which has passed it right back like in a game of hot potato.

Read more: New research suggests 1.5C climate target will be out of reach without greener COVID-19 recovery plans

There are two difficulties. First, the commission has already identified the biggest domestic emission cuts; anything further must come from overseas. That will be expensive, and there are no rules yet on how these “internationally transferred mitigation outcomes” will be conducted. This will be on the agenda at the 26th UN Climate Change Conference of the Parties (COP26) in Glasgow later this year.

Second, the entire basis for the NDC stems from the requirements to balance equity, responsibility and need. For New Zealand, that points towards much higher ambition than at present.

The commission did advise the NDC should involve an international mitigation effort of “much more than” 10% of current gross emissions, at a cost of many billions of dollars per decade. But it argued this required political, social and ethical considerations only the government could determine.

All of these matters will now fall under the scrutiny of the High Court.

Authors: Robert McLachlan, Professor in Applied Mathematics, Massey University

Read more https://theconversation.com/lawyers-challenge-new-zealands-proposed-emissions-budgets-as-inconsistent-with-the-1-5-goal-162504

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...

The Connection Between Visibility and Driver Confidence

Operating a vehicle safely requires an immediate, uncompromised stream of visual information from the surrounding road environment. A driver's decis...

Important Things To Know Before Starting An SMSF Setup

Planning for retirement requires careful financial decisions, and many Australians are now looking for more direct control over how their superannua...

Why Retail Cleaning Plays a Key Role in Customer Experience and Business Success

Professional retail cleaning services are an essential part of maintaining a welcoming, safe, and professional environment for customers and staff...

Simple Ways to Make a Commercial Property More Appealing to Buyers

Selling or leasing a commercial property isn’t just about listing the square metres, taking a few photos and waiting for the right person to appea...

What Café Owners Should Know Before Upgrading Their Display Setup

A café display fridge does a lot more than keep cakes cold and sandwiches fresh. It quietly shapes the way customers browse, the way staff move beh...

Creating a Backyard That Feels Comfortable All Year Round

A great backyard doesn’t need to be huge, expensive or perfectly styled. Most of the time, the spaces people actually use are the ones that feel e...

How Homeowners Can Make Smarter Energy Decisions Before Upgrading

Energy upgrades used to feel like something you only looked into after a power bill gave you a nasty surprise. These days, though, more homeowners a...

Why Retail CX Breaks During Peak Sales Events and How to Prevent It

Retail customer experience has become one of the most important drivers of revenue growth, especially during high-intensity sales periods. However, ev...

15 South Indian Dishes Everyone Should Try

If your only experience of "Indian food" is butter chicken and garlic naan, South Indian cuisine is going to feel like discovering an entirely new c...

What Every Homeowner Should Know About Roof and Drainage Maintenance

A home's roof and drainage system work together every day to protect the property from water damage. While many homeowners focus on visible areas such...

From Plans to Priced Quote: The Estimating Workflow Most Builders Skip

For a small one-off job, an experienced builder can size up the materials in their head. The problem is that most jobs are not small one-off jobs, and...