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Climate Change Series: What Lawyers Need to Know



Click on the below headings for more information.

An Overview of Key Climate Change Considerations Across the Law | 1.5 CPD hours

The first in a five-part series, this session provides an introduction and overview of key aspects of how climate change and associated risks – both physical and transitional – are already intersecting with key areas of New Zealand law.

This session is not a laundry-list of developments, but a roadmap of how those developments, which will be discussed in more detail through
the series, are influencing the legal landscape.

Amongst other matters, we outline the climate science, international climate change law, NZ’s Zero Carbon regime, legal developments affecting
NZ businesses, and how the risks posed by climate change are likely to play into legal duties of governmental and private actors.


Learning outcomes:

  • Consolidate your knowledge of what the climate science says.
  • Refresh your understanding of the Climate Change Response (Zero Carbon) Amendment Act and related government measures.
  • Become apprised of climate risk and its implications.
  • Benefit from insights into the relevance and significance of climate change, both legal and practical, for lawyers and their clients.

Who should view?

This first session provides an overview for those wanting to learn more about climate change and its implications for lawyers and their clients.

The four subject-specific sessions will cover:

  • Corporate Governance
  • Dispute Resolution including Insurance
  • Property and Environmental & Resource Management
  • Corporate & Commercial

Feedback from previous attendees:

  • As an introduction, the seminar was excellent. I have been involved in this area for some time - so understand some basics. But, not many technical aspects. The discussion of the basics, and revisiting them was good.
  • There is much to think about, and the presentation gave some indications of big picture matters for lawyers. The range of speakers was great too - it made for an engaging session.
  • Good content and right level of detail.
  • Very interesting topic.

More information...

Key Considerations for Property and Resource Management Lawyers | 1.5 CPD hours

In this second session of the five-part series, the presenters look at how climate change is affecting property investment decisions, the management of real estate assets and how tenant needs are changing.

This is followed by an analysis of the recent changes to the Resource Management Act, which will now allow the effects on climate change to be
taken into account in land development, consenting and planning decisions.

The property and resource management strains are woven together by assessing how climate change, at a practical level, is affecting property values
and how the Resource Management Act has to date grappled with matters such as sea level rise.


Learning outcomes:

  • Gain an appreciation of the speed with which climate risk is changing, and how this impacts legal and financial considerations.
  • Become more familiar with financial disclosure considerations and their application.
  • Become better apprised of your clients’ mitigation obligations, and hence the impact on investment decisions and due diligence.
  • Get to grips with changes to the Resource Management Act 1991, which now require greater consideration of climate change. Understand how this can affect planning and consenting requirements for clients and their assets

Who should view?

Property and Resource Management lawyers as well as general practitioners practising in these areas plus lawyers involved in corporate investment. Planners might also find this session useful.


More information...

Key Considerations for Corporate & Commercial and Banking & Finance Lawyers | 1.5 CPD hours

With an eye on where climate change or emissions trading scheme (ETS) issues might arise, or where sustainable finance can play a role, the third session of the five-part Climate Change series will focus on what corporate & commercial lawyers, and banking & finance lawyers need to know about carbon law matters.

The presenters provide an overview of the ETS, and provide insights around which types of clients may be affected by the ETS and wider carbon issues, and how they may be impacted.

The session also includes consideration of infrastructure and the role of sustainable finance in helping to capitalise the transition towards a net zero position. Relatable case studies assist viewers to recognise where climate change-related input is required.


Learning outcomes:

  • Consolidate your understanding of the emissions trading scheme (ETS): what it is, who it affects, and how it’s changing.
  • Become aware of where climate change or ETS issues might arise for your clients.
  • Benefit from case studies on a range of industries, which will highlight the climate change input (issues and risks) in relation to common corporate transactions.
  • In respect of commercial agreements/arrangements, become apprised of the nature and flavour of advice required, such as the passing-on of carbon liabilities and carbon costs.
  • Become aware of what sustainable finance is and its role in capitalising the transition towards a net zero carbon economy.
  • Become aware of the legal considerations to take into account when assisting your clients with sustainable finance matters.
  • Gain insights into what’s ahead, and what that means for advising clients, as we move towards net zero.

Who should view:

Those who practise in corporate and commercial and banking and finance law, including general practitioners, in-house counsel and those in central and local government.


More information...

Dispute Resolution Trends and Insights | 1.5 CPD hours

This fourth session provides an overview of trends and insights in domestic and international climate change dispute resolution.

Presenters Jenny Cooper SC, Daniel Kalderimis and Nicola Swan cover international and domestic climate change-related litigation and arbitration brought to date against governments and corporate entities, including claims in judicial review, tort, corporate and commercial law, and Treaty-based and indigenous rights; regulatory actions and investigations regarding climate change; and climate change-related commercial and investor-state arbitration.


Learning outcomes:

Gain an overview of trends and insights in domestic and international climate change dispute resolution, in relation to:

  • Judicial review, public law and human rights claims filed against governments
  • Tort-based and other damages claims filed against corporate actors
  • Corporate and commercial law claims involving climate change (including shareholder and investors’ claims asserting a failure to disclose climate risk, and/or misleading or deceptive conduct)
  • Regulatory actions and investigations regarding climate change
  • Climate change-related commercial and investor-state arbitration, including the recommendations of the 2019 ICC Task Force Report on Arbitration of Climate Related Disputes
  • Treaty-based and indigenous rights claims

Who should view?

Corporate lawyers and in-house counsel managing risk, public law and human rights specialists, as well as dispute resolution lawyers.


Feedback from previous attendees:

  • Great seminar - excellent content and well delivered
  • Very well organised. Clear presentation. Seamless switch between presenters. Well done.

More information...

Climate Change Implications for Governance | 1.5 CPD hours

This final session in the series highlights how pervasive the impact of climate change can be on business, and non-business, decision-making.

It will be of interest to all lawyers who wish to understand the impact on governance responsibilities for their clients (and themselves).


Learning outcomes:

  • Develop a better understanding of the legal landscape, including how we have got to where we are now.
  • Become apprised of the Climate Change Commission’s approach and focus, and its view of what’s ahead.
  • Get to grips with the legal responsibilities of company directors, both technical and under TCFD reporting.
  • Gain insights into the impact and meaning for businesses and corporate entities, and government (central and local) right now.
  • Benefit from a panel discussion drawing on the panellists’ range of experience and depth of expertise.

Who should view?

This On Demand session will be of interest to all lawyers who wish to understand the impact on governance responsibilities for their clients (and themselves).


Feedback from previous attendees:

  • Great summary. Hit the key legislation and having Climate Commission chair was valuable.
  • The standard of the speakers, the quality of their knowledge. They are each so thoroughly versed in the information but their presentations remained simple, clear and easy to understand.
  • Useful content from excellent presenters and I enjoyed the Q&A at the end.

More information...

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