Abstract
The world is well into its fourth decade of legal thinking on climate change mitigation, yet we are collectively failing to reduce greenhouse gas emissions. History has shown that humanity is capable of overcoming dangerous social harms perpetuated by corporate activity, and so this research sought to apply legal lessons from the past to climate change. Dairy became the natural case study, because in New Zealand, the agricultural sector produces over half of national emissions, with one quarter produced by dairy cattle alone. Despite this, successive governments have failed to implement effective legal measures to reduce agricultural emissions. Where the political arms of government are floundering, it is submitted the judiciary must engage in climate change mitigation. Green legal thinking is explored, reflecting on how the New Zealand courts can develop our climate change jurisprudence. It is submitted that tort litigation and greenwashing litigation present opportunities for significant judicial action on climate. Ultimately, climate change is an issue of justice as well as policy and the courts must develop the law where necessary to protect the interests of tamariki, rangatahi and future generations.