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The Human Rights Commission has told the Court of Appeal that climate change poses serious human rights issues.
The commission was speaking at a hearing to decide whether Iwi Chairs Forum climate co-leader Mike Smith, of Ngāpuhi and Ngāti Kahu, can proceed with a case that the Crown's climate response has failed.
Smith argues this breaches fundamental rights, including under Te Tiriti o Waitangi.
The High Court struck out Smith's case and the Appeal Court is now deciding whether that was the correct call or whether it should go back before the High Court to hear the evidence.
Andrew Butler KC, the lawyer representing the Human Rights Commission, said the impact of climate change was one of the greatest human rights challenges the world had seen.
The commission's case was that the adverse effects of climate change raised serious issues of domestic and international human rights law, as well as obligations under Te Tiriti o Waitangi.
It submitted that the case involved the right to life and the rights of minorities under the New Zealand Bill of Rights Act, because climate change gave rise to a real and foreseeable risk that those rights would be breached, by the foreseeable risks of climate change.
The appeal is set to conclude today.
Another case by Smith, against major emitters including Fonterra, is awaiting a Supreme Court ruling to decide whether it is allowed to proceed.
