when I first started out in law school if someone told me a few years down the
if someone told me a few years down the
if someone told me a few years down the track I would be taking proceedings
track I would be taking proceedings
track I would be taking proceedings against the New Zealand government I
against the New Zealand government I
against the New Zealand government I would have found the thought terrifying
would have found the thought terrifying
would have found the thought terrifying and hard to believe as well back then I
and hard to believe as well back then I
and hard to believe as well back then I knew one side of the story I thought the
knew one side of the story I thought the
knew one side of the story I thought the law was about the government making it
law was about the government making it
law was about the government making it and enforcing it and the rest of us
and enforcing it and the rest of us
and enforcing it and the rest of us following it but I happened to read an
following it but I happened to read an
following it but I happened to read an unforgettable case in my first year of
unforgettable case in my first year of
unforgettable case in my first year of lawyer
lawyer
lawyer which changed my thinking on the law for
which changed my thinking on the law for
which changed my thinking on the law for good and it showed me there was a whole
good and it showed me there was a whole
good and it showed me there was a whole other side to that story
other side to that story
other side to that story that case was Fitzgerald and Muldoon
that case was Fitzgerald and Muldoon
that case was Fitzgerald and Muldoon he might look familiar to some people
he might look familiar to some people
he might look familiar to some people back in the nineteen seventies well
back in the nineteen seventies well
back in the nineteen seventies well before I was born
before I was born
before I was born Prime Minister Robert Muldoon tried to
Prime Minister Robert Muldoon tried to
Prime Minister Robert Muldoon tried to change the law by publishing a press
change the law by publishing a press
change the law by publishing a press statement he told the country the
statement he told the country the
statement he told the country the compulsory superannuation scheme a bit
compulsory superannuation scheme a bit
compulsory superannuation scheme a bit like a compulsory KiwiSaver would be
like a compulsory KiwiSaver would be
like a compulsory KiwiSaver would be suspended so everyone could stop making
suspended so everyone could stop making
suspended so everyone could stop making payments as of now and they wouldn’t be
payments as of now and they wouldn’t be
payments as of now and they wouldn’t be breaking the law hopefully all of us in
breaking the law hopefully all of us in
breaking the law hopefully all of us in this room know this is not quite how we
this room know this is not quite how we
this room know this is not quite how we change laws here in New Zealand
change laws here in New Zealand
change laws here in New Zealand Fitzgerald we don’t know a lot about him
Fitzgerald we don’t know a lot about him
Fitzgerald we don’t know a lot about him but the case tells us that he was
but the case tells us that he was
but the case tells us that he was working as a public servant and he was
working as a public servant and he was
working as a public servant and he was putting his two dollars and eight cents
putting his two dollars and eight cents
putting his two dollars and eight cents into that fund every fortnight so he was
into that fund every fortnight so he was
into that fund every fortnight so he was saving up for his retirement and he was
saving up for his retirement and he was
saving up for his retirement and he was affected by this decision
affected by this decision
affected by this decision he took Prime Minister Robert Muldoon to
he took Prime Minister Robert Muldoon to
he took Prime Minister Robert Muldoon to court and he argued the Prime Minister
court and he argued the Prime Minister
court and he argued the Prime Minister had had breached section one of the Bill
had had breached section one of the Bill
had had breached section one of the Bill of Rights 1688 which is some pretty old
of Rights 1688 which is some pretty old
of Rights 1688 which is some pretty old law it says that laws can only be made
law it says that laws can only be made
law it says that laws can only be made or changed
or changed
or changed Parliament not just one guy even if he
Parliament not just one guy even if he
Parliament not just one guy even if he is the Prime Minister the court ruled
is the Prime Minister the court ruled
is the Prime Minister the court ruled Muldoon had acted unlawfully and
Muldoon had acted unlawfully and
Muldoon had acted unlawfully and Fitzgerald won that case when I read
Fitzgerald won that case when I read
Fitzgerald won that case when I read this case it was a revelation to me here
this case it was a revelation to me here
this case it was a revelation to me here was this ordinary person who took the
was this ordinary person who took the
was this ordinary person who took the Prime Minister to court to make sure
Prime Minister to court to make sure
Prime Minister to court to make sure that the government followed the law and
that the government followed the law and
that the government followed the law and to me that was extraordinary
this case reflects an age-old principle
this case reflects an age-old principle the idea of the rule of law that
the idea of the rule of law that
the idea of the rule of law that everyone is subject to the law no matter
everyone is subject to the law no matter
everyone is subject to the law no matter who they are even the government here in
who they are even the government here in
who they are even the government here in New Zealand we actually all have the
New Zealand we actually all have the
New Zealand we actually all have the right to challenge decisions made by our
right to challenge decisions made by our
right to challenge decisions made by our government or other public bodies be
government or other public bodies be
government or other public bodies be they the police or ministers or
they the police or ministers or
they the police or ministers or tribunals even school boards of Trustees
tribunals even school boards of Trustees
tribunals even school boards of Trustees we can do this through judicial review
we can do this through judicial review
we can do this through judicial review and it’s a cornerstone to our democracy
judicial review allows us to make sure
judicial review allows us to make sure that when our government makes decisions
that when our government makes decisions
that when our government makes decisions affecting us it makes those decisions
affecting us it makes those decisions
affecting us it makes those decisions according to the law and following
according to the law and following
according to the law and following principles of good governance good
principles of good governance good
principles of good governance good decision-making in just the past few
decision-making in just the past few
decision-making in just the past few years alone New Zealanders have
years alone New Zealanders have
years alone New Zealanders have challenged multiple decisions impacting
challenged multiple decisions impacting
challenged multiple decisions impacting on them and their communities such as
on them and their communities such as
on them and their communities such as the decision to close down an entire
the decision to close down an entire
the decision to close down an entire school or to sell off state houses to
school or to sell off state houses to
school or to sell off state houses to rid zones in homes after the
rid zones in homes after the
rid zones in homes after the Christchurch earthquake to build an
Christchurch earthquake to build an
Christchurch earthquake to build an irrigation dam on protected conservation
irrigation dam on protected conservation
irrigation dam on protected conservation land might sound familiar and also to
land might sound familiar and also to
land might sound familiar and also to put a ban on all prisoners voting when I
put a ban on all prisoners voting when I
put a ban on all prisoners voting when I was studying law and I read cases like
was studying law and I read cases like
was studying law and I read cases like this I thought wouldn’t it be amazing to
this I thought wouldn’t it be amazing to
this I thought wouldn’t it be amazing to one day be able
one day be able
one day be able to act for a client and on their behalf
to act for a client and on their behalf
to act for a client and on their behalf fight for something that they believed
fight for something that they believed
fight for something that they believed him that was important to them I didn’t
him that was important to them I didn’t
him that was important to them I didn’t anticipate that my first ever case would
anticipate that my first ever case would
anticipate that my first ever case would be my own and I would be the client it
be my own and I would be the client it
be my own and I would be the client it all started with listening to TED talks
all started with listening to TED talks
all started with listening to TED talks so for the guy who did this TED talk on
so for the guy who did this TED talk on
so for the guy who did this TED talk on wag TED talks don’t change your life
wag TED talks don’t change your life
wag TED talks don’t change your life sometimes they do I listened to a talk
sometimes they do I listened to a talk
sometimes they do I listened to a talk by dr. James Henson a scientist a
by dr. James Henson a scientist a
by dr. James Henson a scientist a leading scientist on climate change
leading scientist on climate change
leading scientist on climate change before then I kind of thought climate
before then I kind of thought climate
before then I kind of thought climate change wasn’t really in my circle of
change wasn’t really in my circle of
change wasn’t really in my circle of concern but in 18 minutes he changed my
concern but in 18 minutes he changed my
concern but in 18 minutes he changed my mind on that completely in his talk he
mind on that completely in his talk he
mind on that completely in his talk he likens climate change to an asteroid
likens climate change to an asteroid
likens climate change to an asteroid speeding towards Earth and the longer we
speeding towards Earth and the longer we
speeding towards Earth and the longer we take to divert this asteroid the harder
take to divert this asteroid the harder
take to divert this asteroid the harder and more expensive it is going to become
and more expensive it is going to become
and more expensive it is going to become when I heard this I looked around me and
when I heard this I looked around me and
when I heard this I looked around me and I felt like I was living in some
I felt like I was living in some
I felt like I was living in some upside-down world because I saw huge
upside-down world because I saw huge
upside-down world because I saw huge road roading projects going on in
road roading projects going on in
road roading projects going on in Hamilton and around the country
Hamilton and around the country
Hamilton and around the country exploration for more oil and the opening
exploration for more oil and the opening
exploration for more oil and the opening of more coal mines and I thought we
of more coal mines and I thought we
of more coal mines and I thought we aren’t diverting this asteroid we are
aren’t diverting this asteroid we are
aren’t diverting this asteroid we are standing right in the middle of the
standing right in the middle of the
standing right in the middle of the runway waving it down with glow sticks
runway waving it down with glow sticks
runway waving it down with glow sticks oh yeah I also seeing this in action
oh yeah I also seeing this in action
oh yeah I also seeing this in action felt scared scared for the kids that you
felt scared scared for the kids that you
felt scared scared for the kids that you know one day in the future I would like
know one day in the future I would like
know one day in the future I would like to have they’re going to have to contend
to have they’re going to have to contend
to have they’re going to have to contend with this mess and yet they have done
with this mess and yet they have done
with this mess and yet they have done nothing to create it and they’re going
nothing to create it and they’re going
nothing to create it and they’re going to have very little chance of fixing it
to have very little chance of fixing it
to have very little chance of fixing it either climate change is accelerating
either climate change is accelerating
either climate change is accelerating and the solutions that we know now you
and the solutions that we know now you
and the solutions that we know now you know renewable energy cleaner transports
know renewable energy cleaner transports
know renewable energy cleaner transports the
the
the things aren’t going to be enough zone
things aren’t going to be enough zone
things aren’t going to be enough zone our governments know this and they
our governments know this and they
our governments know this and they continue to delay in the face of this
continue to delay in the face of this
continue to delay in the face of this urgency citizens and lawyers are coming
urgency citizens and lawyers are coming
urgency citizens and lawyers are coming together they are working together to
together they are working together to
together they are working together to take on their government’s to use the
take on their government’s to use the
take on their government’s to use the Lord to demand action on climate change
Lord to demand action on climate change
Lord to demand action on climate change all around the world the UK the u.s. the
all around the world the UK the u.s. the
all around the world the UK the u.s. the Netherlands India Pakistan I could go on
Netherlands India Pakistan I could go on
Netherlands India Pakistan I could go on citizens are using the courts as their
citizens are using the courts as their
citizens are using the courts as their last line of defense when I saw the 21
last line of defense when I saw the 21
last line of defense when I saw the 21 youth in the u.s. taking on their
youth in the u.s. taking on their
youth in the u.s. taking on their federal government and the 900 Dutch
federal government and the 900 Dutch
federal government and the 900 Dutch citizens demanding action from their
citizens demanding action from their
citizens demanding action from their government on climate change I was blown
government on climate change I was blown
government on climate change I was blown away by the courage of these people and
away by the courage of these people and
away by the courage of these people and their action I didn’t know how at the
their action I didn’t know how at the
their action I didn’t know how at the time you could take such an action here
time you could take such an action here
time you could take such an action here in New Zealand for one we don’t actually
in New Zealand for one we don’t actually
in New Zealand for one we don’t actually have a written constitution like most
have a written constitution like most
have a written constitution like most countries in the world where one of
countries in the world where one of
countries in the world where one of three without a written constitution and
three without a written constitution and
three without a written constitution and our Bill of Rights doesn’t even make
our Bill of Rights doesn’t even make
our Bill of Rights doesn’t even make mention of the environment or anything
mention of the environment or anything
mention of the environment or anything to do with our well-being however I was
to do with our well-being however I was
to do with our well-being however I was fortunate to meet some of the most
fortunate to meet some of the most
fortunate to meet some of the most amazing and dedicated lawyers that you
amazing and dedicated lawyers that you
amazing and dedicated lawyers that you could ever meet and they reminded me
could ever meet and they reminded me
could ever meet and they reminded me that there’s still an avenue for redress
that there’s still an avenue for redress
that there’s still an avenue for redress I’ll be imperfect one judicial review
I’ll be imperfect one judicial review
I’ll be imperfect one judicial review with hundreds of hours of their help and
with hundreds of hours of their help and
with hundreds of hours of their help and the help of scientists here in New
the help of scientists here in New
the help of scientists here in New Zealand and dr. James Hansen himself we
Zealand and dr. James Hansen himself we
Zealand and dr. James Hansen himself we filed judicial review proceedings in the
filed judicial review proceedings in the
filed judicial review proceedings in the High Court in 2015 the case seeks to
High Court in 2015 the case seeks to
High Court in 2015 the case seeks to challenge the targets set by the
challenge the targets set by the
challenge the targets set by the government to reduce emissions
government to reduce emissions
government to reduce emissions we’ve signed up to the Paris agreement
we’ve signed up to the Paris agreement
we’ve signed up to the Paris agreement and we have promised as a country to
and we have promised as a country to
and we have promised as a country to help keep warming below 1.5 degrees and
help keep warming below 1.5 degrees and
help keep warming below 1.5 degrees and at the very least below two degrees but
at the very least below two degrees but
at the very least below two degrees but our targets don’t reflect this and if
our targets don’t reflect this and if
our targets don’t reflect this and if every country in the world followed suit
every country in the world followed suit
every country in the world followed suit we would go past those thresholds I
can’t ask the court to set the target to
can’t ask the court to set the target to step into the shoes and set that target
step into the shoes and set that target
step into the shoes and set that target again and I can’t ask it even to decide
again and I can’t ask it even to decide
again and I can’t ask it even to decide what that target should be but the court
what that target should be but the court
what that target should be but the court is able to rule on whether the decision
is able to rule on whether the decision
is able to rule on whether the decision was made in a way that was lawful and
was made in a way that was lawful and
was made in a way that was lawful and reasonable what I mean by that is was it
reasonable what I mean by that is was it
reasonable what I mean by that is was it made logically rationally based on
made logically rationally based on
made logically rationally based on current scientific evidence and on the
current scientific evidence and on the
current scientific evidence and on the right reasons
right reasons
right reasons if it wasn’t then the court can order
if it wasn’t then the court can order
if it wasn’t then the court can order that decision to be made to be remade
that decision to be made to be remade
that decision to be made to be remade and to be remade in the right way in
and to be remade in the right way in
and to be remade in the right way in June this year we had our day in court
June this year we had our day in court
June this year we had our day in court three days to be exact
three days to be exact
three days to be exact I had to sit at the back of the
I had to sit at the back of the
I had to sit at the back of the courtroom and behind this glass panel
courtroom and behind this glass panel
courtroom and behind this glass panel but I watched very nervously as my
but I watched very nervously as my
but I watched very nervously as my lawyers and suits and black gowns with
lawyers and suits and black gowns with
lawyers and suits and black gowns with 10,000 pages of scientific evidence put
10,000 pages of scientific evidence put
10,000 pages of scientific evidence put forward submissions regarding our future
the bleaching of our coral reefs the
the bleaching of our coral reefs the food shortages and the millions who will
food shortages and the millions who will
food shortages and the millions who will be displaced just as we heard about
be displaced just as we heard about
be displaced just as we heard about earlier today all of that was put before
earlier today all of that was put before
earlier today all of that was put before the court on that day what I hope for is
the court on that day what I hope for is
the court on that day what I hope for is that the targets are reset but that is
that the targets are reset but that is
that the targets are reset but that is out of my hands
out of my hands
out of my hands and in the hands of the judge now at the
and in the hands of the judge now at the
and in the hands of the judge now at the time the case made it into the papers
time the case made it into the papers
time the case made it into the papers and
and
and there were headlines a little like this
there were headlines a little like this
there were headlines a little like this with me looking really serious and I
with me looking really serious and I
with me looking really serious and I just have to clarify I’m not actually
just have to clarify I’m not actually
just have to clarify I’m not actually suing the government I am reviewing a
suing the government I am reviewing a
suing the government I am reviewing a decision made by the government it’s
decision made by the government it’s
decision made by the government it’s just not as exciting as students whose
just not as exciting as students whose
just not as exciting as students whose government at the time I received a lot
government at the time I received a lot
government at the time I received a lot of support from all around the country
of support from all around the country
of support from all around the country which I am incredibly grateful for you
which I am incredibly grateful for you
which I am incredibly grateful for you can’t take a case like this on your own
can’t take a case like this on your own
can’t take a case like this on your own I also was told don’t read the comments
I also was told don’t read the comments
I also was told don’t read the comments in you know under the newspaper articles
in you know under the newspaper articles
in you know under the newspaper articles online and stuff but I did because I was
online and stuff but I did because I was
online and stuff but I did because I was curious and I noticed there was also a
curious and I noticed there was also a
curious and I noticed there was also a lot of criticism people saying things
lot of criticism people saying things
lot of criticism people saying things like you know what a waste of taxpayers
like you know what a waste of taxpayers
like you know what a waste of taxpayers money and who’s gonna pay these
money and who’s gonna pay these
money and who’s gonna pay these government lawyers to defend this case
government lawyers to defend this case
government lawyers to defend this case and what’s the point
and what’s the point
and what’s the point New Zealand creates 0.15 percent of the
New Zealand creates 0.15 percent of the
New Zealand creates 0.15 percent of the global emissions and what does it matter
global emissions and what does it matter
global emissions and what does it matter what we do we can’t make a difference
what we do we can’t make a difference
what we do we can’t make a difference when I heard things like this and I saw
when I heard things like this and I saw
when I heard things like this and I saw things like this I thought part of the
things like this I thought part of the
things like this I thought part of the story has been missed
story has been missed
story has been missed judicial review does cost money
judicial review does cost money
judicial review does cost money everything to do with the law costs
everything to do with the law costs
everything to do with the law costs money but this is a right that belongs
money but this is a right that belongs
money but this is a right that belongs to all of us and it is too important to
to all of us and it is too important to
to all of us and it is too important to limit even if we don’t agree with the
limit even if we don’t agree with the
limit even if we don’t agree with the merits of a single case the right to
merits of a single case the right to
merits of a single case the right to question those in power to make sure
question those in power to make sure
question those in power to make sure that power is exercised in the proper
that power is exercised in the proper
that power is exercised in the proper way and to have some control over our
way and to have some control over our
way and to have some control over our own fate isn’t this what it means to be
own fate isn’t this what it means to be
own fate isn’t this what it means to be part of a democracy and yes New Zealand
part of a democracy and yes New Zealand
part of a democracy and yes New Zealand is too small to fix this problem on its
is too small to fix this problem on its
is too small to fix this problem on its own quite obviously but every country in
own quite obviously but every country in
own quite obviously but every country in the world could say the exact same thing
the world could say the exact same thing
the world could say the exact same thing there is no country big enough
there is no country big enough
there is no country big enough on its own to fix or change the course
on its own to fix or change the course
on its own to fix or change the course of climate change so what if we all said
of climate change so what if we all said
of climate change so what if we all said we were all too small whether it is
we were all too small whether it is
we were all too small whether it is climate change whether it is something
climate change whether it is something
climate change whether it is something else that we care about we have a voice
else that we care about we have a voice
else that we care about we have a voice and it counts even if we don’t know how
and it counts even if we don’t know how
and it counts even if we don’t know how when we start out or we feel like the
when we start out or we feel like the
when we start out or we feel like the best we can do is a drop in the bucket
best we can do is a drop in the bucket
best we can do is a drop in the bucket what matters is that we do what we can
what matters is that we do what we can
what matters is that we do what we can and we take that first step now
”
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