Guest Post: No, the Supreme Court Didn’t Hand Climate Activists a Victory.  It was an own goal.

A guest post by Sean Rush:

If you’ve read the headlines about Climate Clinic Aotearoa v Minister of Energy, you might believe a group of law students marched into the Supreme Court and reshaped New Zealand’s climate policy. The popular narrative suggests a solid victory to the students, with reports that the students created new law, that climate is now a mandatory consideration when offering petroleum permits. But the reality is the decision lands as an own goal against climate activism.

As an adviser to one of the oil companies involved during the permit award phase (the “block offer”), I can confirm the students lost. Completely. The case was dismissed at every stage from the High Court through to the highest court in the land, a result that would typically attract a substantial costs award against the plaintiffs for wasting valuable court time and Crown legal resources. Yet, in this instance, the Crown chose not to seek costs, despite the financial burden on taxpayers and the economic consequences for the energy sector.  The claim was that the Minister of Energy was required to consider climate in the permit award process.  It is a wholly irrelevant question because the Minister did consider climate.  She had received extensive briefings on climate issues, and this was acknowledged by the Supreme Court. The Court went further, noting that while climate change is a mandatory consideration at the block offer stage, it is not the sole or controlling factor in the decision-making process.  In some ways this is an own goal against the students and climate activism.  The Supreme Court has determined that other, more pressing issues, should be the Minister’s primary focus. Ministers Bishop and Jones and businesses involved in fast-track projects will welcome this determination from the Supreme Court.  What the law requires is a balanced approach, weighing climate impacts with other controlling imperatives, such as energy security and economic prosperity.

This case was less about the Minister’s decision and more about a manufactured plaintiff giving eager lawyers a test case. A group of law students formed an incorporated society for the sole purpose of litigation, led by James Shaw’s brother-in-law, Dr James Every-Palmer KC.  He admitted to the Court of Appeal he was providing legal services “pro bono” i.e.  for free. With the Crown declining to seek costs, the exercise became a risk-free political punt to undermine the former Government’s clear intent: to award onshore exploration permits despite climate change.

In the High Court, Dr Every-Palmer KC argued that climate change is an “existential threat” that must be inferred into the statutory scheme. This statement went unchallenged, even though the plaintiffs’ own expert witness acknowledged that climate change is not an existential threat to humanity—a point echoed by leading scientists but omitted from court submissions.

While some have framed the case as symbolic, its consequences are tangible. Two small oil and gas companies seeking to supply gas to Taranaki were caught in the crossfire. One planned to complete drilling by 2024. Had they been allowed to proceed, New Zealand could already be benefiting from additional domestic gas supply. Instead, the economic fallout from our gas shortage is visible in lost jobs, shuttered businesses, and rising electricity prices.

Despite the clear judicial rejection of the students’ arguments, the decision has largely been portrayed as a victory for climate activism. This is misleading. The Court’s decision was a rejection of a clever legal argument that never stacked up on the facts. Because the Crown approached the litigation with kid gloves—no costs, no challenge to the existential-threat narrative, no scrutiny of the manufactured plaintiff—the students walk away ready to fight Government policy in the courts another day.

The risk-free precedent this strategy sets is not good news for any “fast-track” project or for the lawful activities that underpin New Zealand’s energy security and economic prosperity.  This was not a victory. It was a loss—total, deserved, and costly, but not to the losers, but to the winners who have to pick up the pieces and try and make a go of it, five years later. Unless the Crown stops indulging this style of litigation, we will see more of it, with the real-world consequence that the policy arising from our democratically elected Government, may be stymied by a minority who win even when they lose.


Sean Rush is a petroleum lawyer and former Wellington City Councillor.  He holds a Masters in Petroleum Law and Policy and a Masters in Climate Change Science and Policy.  He is an expert reviewer for the Intergovernmental Panel on Climate Change.


Word Count – ~700

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General Debate 15 January 2026

Cunning Israelis

Wow those Israelis are good. It’s one thing to sell rigged pagers to Hezbollah, but quite another to get Matt Gaetz to pay women for sex!

Endangered Republicans at Yale

The NY Post reports:

recent report from the Buckley Institute found that there are no Republican faculty members across 27 departments at Yale University. …

It found that nearly 83% of faculty are registered Democrats or primarily support Democratic candidates.

More than 15% identify as independent, and fewer than 3% are Republicans, according to the report.

Most notably, 27 of 43 undergraduate departments had zero registered Republicans on their faculty.

Overall in the US there are equal numbers of registered republicans and democrats – 30% and 29%. At Yale democrats run-number republicans on faculty by a factor of 27!

Malpass on the India FTA

Luke Malpass writes:

When Christopher Luxon promised in a TVNZ debate in 2023 that he would get a trade deal within his first term of government, it seemed fantastical. Trade talks with India had more or less been shelved for a decade. …

And it looks pretty good. It covers a huge amount of goods (plus essentially all services) and delivers steadily lower tariff barriers over the coming decades.

Better than I expected.

In a deal like this there is no downside — just relative upside. For sheep products, tariffs are slashed to zero from day one, as they are for forestry. For dairy, high-end products and ingredients for Indian export are the main winners. That is, frankly, more than most would have expected, given India’s political sensitivity around dairy.

Lowering tariffs is a win-win for both countries.

But stepping back for a moment, at the start of 2025 virtually no one — or probably absolutely no one — would have thought New Zealand could wring this good a deal out of India, let alone in nine months.

This is unambiguously good news for New Zealand. The sheer size of India’s population, and its messy democratic path to growth, is something worth a small trading nation hitching its wagon to.

The China Free Trade Agreement outperformed expectations, and so will the Indian deal.

Yes. We have linked ourselves economically to the most populous country on Earth. We will never get a FTA with the US, but we now have ones with China, Canada, Australia, UK, EU and now India.

This also partly explains the relatively small number of three-year skilled worker visas New Zealand agreed to — just under 1700 per year — as well as the provision allowing Indian postgraduate students to stay and work in New Zealand for two or three years under the deal.

This represents just 0.03% of our population. As a percentage of current inwards migration is is a tiny 1.5% increase.

But at first blush at least, full credit is due to Christopher Luxon and Todd McClay for getting this done. It looks a real achievement. The Luxon promise was treated with scepticism at best and outright derision at worst. Without their single-minded focus, it would probably have continued to languish in the too-hard trade basket.

It’s called delivery. Something the previous government had difficulty spelling.

General Debate 14 January 2026

NZDF portrayal is concerning

From a press release:

 Independent investigative reporters Penny Marie and Rachel Scott have released a new video and accompanying Substack articles revealing NZ Defence Force (NZDF) training materials that depict “Christian extremists” as the opposing force on a map clearly modelled on New Zealand’s South Island. 

Leaked NZDF documents, reportedly used during exercises at Burnham Military Camp, describe a fictional group called the Visayan People’s Front – a “Christian extremist” organisation said to be recruiting indigenous youth under the banner of “a return to the traditional ways of a Christian nation.” Place names including Murchison, Nelson, St Arnaud, and Rainbow Ski Field appear throughout the exercise scenario. 

Could you imagine the outrage if NZDF did an exercise where the opposing force was:

  • Visayan People’s Front – a “Muslim extremist” organisation said to be recruiting indigenous youth under the banner of “a traditional Islamic state.”
  • Visayan People’s Front – a “Maori extremist” organisation said to be recruiting indigenous youth under the banner of “a return to the traditional ways of a pre-colonisation nation.”

It would be a media shitstorm that would not stop until NZDF changed it. But when you do Christians, you know the media won’t care.

The black market crisis in tobacco

A comprehensive article in the SST about the rise in black market tobacco sales in NZ. Some extracts:

  • Organised crime groups are increasingly adding tobacco to drug and money-laundering operations due to high prices
  • Dairy owner says his own legitimate cigarette sales have this year dropped from $8,000 a week to $800 a week
  • Dairies that sell legal cigarettes are being force to move over to black market sales, otherwise they lose all their customers

This is again a reminder that prohibition doesn’t work, and neither does trying to tax something so much to prohibit it.

Blocking a procession is not free speech

The Free Speech Union released:

The confrontation between Destiny Church supporters and a lawful Sikh Nagar Kirtan parade in South Auckland raises questions about where legitimate protest ends and intimidation begins, says Jillaine Heather, Chief Executive of the Free Speech Union. 

“Peaceful protest and counter-protest are crucial elements in a functioning democracy,” said Heather. “New Zealand’s strength is that we protect everyone’s right to express their views, even when those views make others uncomfortable. That includes Brian Tamaki’s right to disagree with immigration policy or criticise other religions. 

“But physically interfering with parades, speeches, or communities exercising their rights to freedom of expression and association crosses a line. When 50 people form a barrier to stop a Nagar Kirtan procession, that’s not counter-protest – it’s obstruction that limits others’ legal expression. 

“The test is simple: can both groups exercise their rights at the same time? A Sikh community walking in lawful parade doesn’t prevent Destiny Church from stating its views. But physically blocking that parade does prevent Sikhs from exercising theirs. 

I think this is right. Destiny Church has every right to protest a Sikh procession as it passes by. But they do not have the right to block it.

General Debate 13 January 2026

The Post ranks the MPs

The Post has ranked Ministers and senior opposition MPs. This is their ratings, not mine. Agree with some, disagree with others.

  • 9/10 – Chris Bishop, Erica Stanford, Chris Hipkins
  • 8/10 – Todd McClay, Winston Peters
  • 7/10 – Nicola Willis, Judith Collins, Mark Mitchell, Barbara Edmonds, Ayesha Verrall
  • 6.5/10 – Chloe Swarbrick
  • 6/10 – Simeon Brown, Brooke van Velden, Kieran McAnulty
  • 5/10 – Christoper Luxon, Paul Goldsmith, Louise Upston, Tama Potaka, Shane Jones, Casey Costello, David Seymour, Nicole McKee, Carmel Sepuloni, Ginny Andersen
  • 4/10 – Shane Reti, Willie Jackson, Jan Tinetti, Peeni Henare
  • 3/10 – Matt Doocey, Simon Watts, Megan Woods, Tangi Utikere, Debbie Ngarewa-Packer
  • 1/10 – Willow-Jean Prime, Rawiri Waititi

I thought the ranking for Willow-Jean Prime was a bit generous.

Working your way up

Matthew Mullins is the new owner/operator (with his wife) of New World Pt Chevalier. I like the story of how he got there.

  • Age 15, picker in the chilled and frozen distribution centre at Hornby
  • Worked at New World Fendalton
  • Store manager at Wellington’s Railway Metro New World
  • Store manager at New World Newlands
  • Purchased New World Otaki in 2021

A great story of what hard work can achieve.

General Debate 12 January 2026

Nonsense from the Australian Police Commissioner

Sky news reported:

AFP Commissioner Krissy Barrett has faced criticism for saying the Bondi Beach terrorist attack was “not motivated by religion”.

Commissioner Barrett had stated in the aftermath of the December 14 attack that the alleged terrorists were “inspired by Islamic State”.

“These are the alleged actions of those have aligned themselves to a terrorist organisation – not a religion,” she said.

This is just bizarre nonsense, where the AFP Commissioner seems more worried about the sensibilities of adherents of the religion of the terrorists, than the victims.

It is not a binary choice between terrorist organisations and religion. Many terrorist organisations are religious in nature. For example the IRA was primarily a Catholic institution.

It would be quite legitimate to say that the terrorists had an extreme view of their religion that is rejected by the vast majority of Muslims (such as Ahmed al-Ahmed who disarmed one of the terrorists). But you can’t say that the terrorists were not motivated by religion when in fact that appeared to be their primary motivation.

Freshwater favourability

Freshwater asked favourability on a variety of individuals and parties locally and globally. Its only one poll, so I would not take as determinative (they have some left figures higher than I would think is the case), but am blogging as interesting to see the relative rankings.

  1. Jacinda Ardern +17%
  2. King Charles III +14%
  3. Labour +13%
  4. Chris Hipkins +7%
  5. Winston Peters +0%
  6. NZ First -3%
  7. Wayne Brown -4%
  8. Chloe Swarbrick -5%
  9. National -7%
  10. Greens -9%
  11. Christopher Luxon -11%
  12. David Seymour -15%
  13. Tory Whanau -16%
  14. Greta Thunberg -17%
  15. ACT -17%
  16. Debbie Ngarewa-Packer -23%
  17. Elon Musk -25%
  18. Donald Trump -37%
  19. Te Pati Maori -39%

General Debate 11 January 2026

Ben Kepes on the Bondi Beach attack

An excellent column by Ben Kepes:

As details emerged, the familiar and uncomfortable script played out. While there will be inquiries and investigations to come, my immediate thoughts were of how such attackers must believe they are doing something righteous. Perhaps they thought that by targeting Jews in Australia, they were somehow striking a blow for Palestine, or avenging the very real trauma suffered by their kinfolk in Gaza.

Maybe they considered this was solidarity, resistance, justice. It is hard to write that without feeling a surge of anger and disbelief, but it is important to name it plainly.

Such are the typical hallmarks of attacks targeting Jews. And what leaves me incredulous is the leap of logic required to get there. The assumption that Jews everywhere are collectively responsible for the actions of the Israeli government and military is not just wrong, it is absurd. It would be laughable if it were not so dangerous.

Jews are not a hive mind. We do not vote in bloc, think in unison, or take marching orders from Jerusalem. Many of us have never even been to Israel. Some actively oppose its current government. Others hold complicated, conflicted views that do not fit neatly into slogans or social media posts.

The majority of Jews I know are deeply saddened by what has happened in Gaza over the past years. They grieve for Palestinian civilians caught in cycles of violence they did not choose. They grieve in much the same way they grieve for civilians killed in Ukraine, in Sudan, in Syria, in places that rarely trend on X for more than a day.

Some activists seem to only care about one conflict. In 2025, the estimated dead in other conflicts are:

  1. Ukraine 75,000
  2. Sudan 50,000
  3. Islamist insurgencies in Africa 20,000
  4. Myanmar 15,000
  5. Somalia 10,000
  6. Mexico 10.000
  7. Congo 9.000
  8. Ethiopia 6,000

And yet, somehow, Jews are expected to answer for a war fought by a state many do not live in, and a government many did not vote for. It is a standard applied to no other group. We do not hold random Russians responsible for Putin, or random Americans for every drone strike. We understand, intuitively, that states and people are not the same thing. Except, apparently, when Jews are involved.

Exactly.

Judges not above the law

In April there was an outcry over the FBI charging Milwaukee County Circuit Judge Hannah Dugan with obstruction of justice over her letting someone wanted by ICE leave by a different door in her courtroom.

At the time it was seen as an authoritarian move, without precedent.

However it is newsworthy that Judge Dugan has been found guilty by a jury. The charges against here were substantiated, and it seems she did indeed go out of her way to frustrate federal agents from doing their job. In summary she:

  • Lied to agents that their administrative warrant wasn’t sufficient, and that they needed a judicial warrant
  • Told them to go see the Chief Judge, to get them out of the way
  • Sped the case through, to allow the defendant to leave quickly and by a different door
  • Told her court reporter she knew she had done wrong, and that she could get in trouble for it

There are many bad things the Trump Administration has done. But this prosecution wasn’t one of them.

General Debate 10 January 2026

Well done DOC

The Taxpayers’ Union released:

The New Zealand Taxpayers’ Union can reveal that the Department of Conservation’s “Always Be Naturing” campaign, which will cost $2.07 million, is projected to bring in revenue and savings of $16.4 million through private-sector partnerships, donations, and value-in-kind support over the campaigns three year timeframe. …

“Too often government agencies just spend on glossy ads with no measurable return. In this case, DOC has unlocked millions in private-sector support, resources and expertise that would otherwise never have materialised.”

“The lesson for other ministries is clear that private sector partnerships work. Instead of asking for bigger budgets, agencies should be focused on how to attract private investment and deliver real value.”

This is indeed a great example of a pubic-private partnership. May we see more of them.

Moller and Dixon: Giants of NZ Running

I was around 10 years old when I went to an athletics meeting at Cooks Gardens in Wanganui. The purpose was to see two of my heroes race – John Walker and Rod Dixon. Armed with a sparking new autograph book I entered the stadium and saw two seven foot tall men walking up the hill near me. The ground shook with each step and the air around them sparked with electricity. Trembling, I made my way to them and stuck the book and pen in front of John Walker. He looked down and thundered; “What do you say boy?”. A very small “please” was all I could mutter. I then made my way to Rod Dixon, whose whole face smiled (including the GREAT moustache). He signed his name – patted me on the back – and had a fan for life.

I became enamored with athletics in 1974 when two remarkable races occurred at the Commonwealth Games in Christchurch. In the opening track event Dick Tayler won in spectacular style in a time that still ranks as the 7th fasted 10,000m time by a NZ male. Then, in the 1500m for men the great Tanzanian, Filbert Bayi, won (in world record time) after being chased by John Walker (2nd) and Rod Dixon (4th).

I was 8 years old in 1974 and slow to realise that wonderful things had happened in NZ distance running prior to my awakening. USA’s Jesse Owens was, rightfully, the most celebrated athlete of Hitler’s 1936 Berlin Olympics. However, we should be forever proud of Jack Lovelock wining the 1500m – as commentated by Harold Abrahams of Chariots of Fire fame.

During the late 1940s and 1950s Arthur Lydiard experimented on himself to test the endurance running theories that he had developed. He transformed himself from a smoking, drinking, casual athlete in his thirties to being a multiple national title winner and 1950s Empire Games Marathon Runner. He is remembered as one of the world’s great athletics coaches and was even credited by two incredible Dutch swimmers at the Sydney Olympics for influencing their programmes. He was responsible for coaching up to 15 Olympic gold medals across multiple nations – but especially for mentoring 21 year old Peter Snell (800m) and Murray Halberg (5000m) to Rome Olympic Gold medals one hour apart – as well as Barry Magee earning a bronze in the marathon.

More was to follow in 1964 with Snell gold medals in the 800m and 1500m,  and John Davies finishing third in the 1500m. On the women’s side Marise Chamberlain won the bronze medal in the 800m. In 1968 Mike Ryan won a bronze in the marathon and then in 1972 21 year old Rod Dixon burst onto the world running scene with a bronze medal in the 1500m.

Lydiard did not coach all of these athletes but was no doubt influential. In the early 2000s, while doing some post-graduate work I got to spend a day with Arthur Lydiard to talk through a range of things. He remained deeply knowledgeable and inspirational. When I got home I put on my running shoes and headed out around One Tree Hill – where he had trained so many athletes. His international influence is incredible to the extent that, when the great USA coach – Bill Bowewman – was with him in NZ Bowerman asked his plan on one day and Lydiard said that he was taking a group for a “jog”. The term became synonymous with a world-wide revolution.

New Zealand is a small place. My son’s coach, and my close friend, Jack Ralston, was a Lydiard runner. Through that connection my son got to spend a weekend in Texas with Sir Peter Snell and his wife Miki. At Jack Ralston’s funeral in 2012 Rod Dixon was the main speaker. Rod and I have been friends since then.

Jack used to tell a wonderful story that, when he was a teenager running with the Lydiard group, it was early season and they did the 22 mile “Waitarura”. Jack caught up to Snell in Titirangi and Snell told him to ask Lydiard to get someone to pick him up. Jack arrived at Lydiard’s home and converyed the message. Lydiard asked Jack how he got there. Jack responded … “on my legs”. Lydiard said … “well Snell can do the same.” When Snell finally arrived he expressed his displessure with Jack!

From his 1972 bronze at Munich Dixon became something of the “almost man”. He was fourth in the Bayi Walker 1500m in 1974. When Walker powered home for a gold medal in the 1500m at the Montreal Olympics in 1976 (after setting a world mile record the year before) – Rod Dixon and Dick Quax chose the 5000m. Quax was favoured to win but Lasse Viren of Finland claimed his fourth Olympic Gold (backed by Lydiard) and Dixon was 4th. In the 1978 Commonwealth Games Dixon was favoured to win the 5000m but his specialised shoes were stolen before the final and, on a borrowed pair, he claimed fourth. No NZ runner could compete at the 1980 Olympics in Moscow due to a boycott and Dixon did not go to the 1982 Commonwealth Games (although he was third in the World Cross Country championships).

1983 was when the “almost man” became the legend as Rod Dixon won the New York City Marathon in the most remarkable manner after trailing by over two minutes with 10km to go. It was a fitting achievement for a man who had also dominated 10km road running through the USA for a number of years.

Lorrainne Moller was, similarly, a part of a superb and high achieving group of NZ women runners through the period at Commonwealth, Olympic and international road running and Marathoning. Anne Audain was a triple Olympian, gold and silver medalist at Commonwealth Games level and a world 5000m record holder. At her peak Audain was also dominant in road running in the USA. Alison Roe in 1981 won both the Boston and NYC Marathons.

Like Walker, Dixon and Audain, Lorrain Moller represented NZ in the 1974 Commonwealth Games – at a time when women were not allowed to run more than 800m. She represented NZ at four Olympic in the Marathon with a bronze in Barcelona in 1992. She also won two track bronze medals at the 1982 Commonwealth Games and a silver in the Marathon at the 1986 Commonwealth Games. Of the marathon majors she won Boston in 1984. She was also a world marathon champion and world record holder.

Both Lorraine Moller and Rod Dixon have given plenty back to their sport and in other charity work. Lorraine has also consistently promoted the work and heritage of Arthur Lydiard. Rod Dixon’s Kids Marathon is a wonder success in the USA – and recently in Nelson. At North Harbour Stadium on February 19th this year we will begin a 7 week Kids Marathon event and have other weekly races for older school children and adults (would love any particpation and support).

It was a great privilege for my generation to grow up admiring and being inspired by these remarkable people. Nick Willis, Kimberly Smith and others carried the baton forward and current young people have brilliant athletes such a NZ’s first World Track Champion, Geordie Beamish, our fastest ever woman over 1500m, Maia Ramsden, the world’s youngest ever sub 4-minute miler, Sam Ruthe and double Olympian Sam Tanner. Add to that sprinter Zoe Hobbs, Olympic Gold Medalist in the High Jump, Hamish Kerr, and wonderful Shot Putters Tom Walsh, Maddi Wesche, Lisa Adams and Jacko Gill, pole vaulters Eliza McCartney and Olivia McTaggart – and it is clear that there is plenty for 10 year old NZers today to be as inspired as I was at Cooks Gardens in the 1970s.

[email protected]

Indexing tax brackets would help more than taxpayer funded GP visits

The Taxpayers’ Union points out:

A new Taxpayers’ Union briefing paper, Robbing Peter to Pay Paul’s Doctor: Why Tax Indexing Makes More Sense, shows the tax system is quietly making cost-of-living pressures worse through “bracket creep”, pushing workers into higher tax bands simply because of inflation — the Christmas Grinch pinching a little extra from Kiwi pay packets. 

Taxpayers’ Union Policy Analyst, Austin Ellingham-Banks, said:  

“Bracket creep has already seen the average Kiwi lose $238 since the income tax brackets were adjusted in 2024 simply because tax brackets haven’t kept pace with inflation. The loss is set to grow year after year if nothing changes.” 

“That $238 alone is enough to pay for four GP visits a year at average district prices, which exceeds the three visits Labour’s Medicard would offer. The difference is that indexation lets families decide how to use their own money, rather than funneling relief through a single, government-designed scheme that only applies if you happen to need a doctor.” 

“Indexing tax brackets is simple, fiscally responsible, and universal. It stops future inflation-driven tax hikes, avoids pushing unnecessary demand onto already stretched GP clinics, and gives households flexibility as costs rise.  

I am a strong proponent of indexing tax brackets to inflation. We index welfare payments to inflation so people on welfare keep their real income the same. We should do the same for people not on welfare.

General Debate 09 January 2026

A vile reminder

Rob Reiner and his wife did not pass away. They were stabbed to death by (allegedly) their troubled son. It had nothing to do with politics or Trump. Rather than say nothing, Trump effectively gloats over the brutal stabbing of one of his critics.

But this is how the US President thinks one should respond. It is a useful reminder that while Trump can have some good policies, he is fundamentally a vile human being.

RIP Tim Shadbolt

Sir Tim Shadbolt has died aged 78. He was an iconic New Zealand – probably more well known than 90% of MPs.

He was elected Mayor 11 times – twice for Waitemata City and nine times for Invercargill.

He also has stood for Mayor of Auckland twice, Dunedin once and MP for Selwyn once.

As I have reported on, he should have retired before his final term. But he should be remembered for all the good he did for Invercargill. He really put it on the map, and was such a champion for it.