Five Million Voices

Should the New Zealand Bill of Rights Act 1990 be amended to include a right to a sustainable environment?

This member's bill would amend the New Zealand Bill of Rights Act 1990 to add a right to a sustainable environment.

MPs’ arguments for and against the bill

Why support it
  • Supporters argued a recognised environmental right would require governments to weigh long-term sustainability in decisions.
  • Supporters said many countries already recognise such a right.
Why oppose it
  • Opponents argued the right is vague and would shift environmental decisions from Parliament to the courts.
  • Opponents said existing environmental laws are the proper place for such protections.

These are claims MPs made in Parliament’s debate — not verified facts.

Full bill summary & link to official bill page

This bill adds a new right to the New Zealand Bill of Rights Act 1990 - the right to a sustainable environment. The Bill of Rights Act sets out fundamental civil and political rights (such as freedom of expression and the right to justice) and requires proposed laws to be checked for consistency with those rights; it does not currently mention the environment. The bill amends the Act to recognise that everyone has the right to a sustainable environment, elevating environmental protection to a matter of fundamental rights. In practice this would mean the government and courts must weigh this right when making and interpreting laws and decisions, and new legislation could be scrutinised for whether it is consistent with it. The aim is to give environmental wellbeing - including for future generations - stronger legal standing in New Zealand's constitutional framework.

This is a member's bill promoted by Green Party co-leader James Shaw. It reflects a growing international movement to recognise a human right to a healthy or sustainable environment, including the United Nations General Assembly's 2022 declaration of such a right. Supporters argue that enshrining the right would hold governments more accountable for environmental harm, embed long-term and intergenerational thinking in decision-making, and reflect the value New Zealanders place on their natural surroundings. Opponents argue the term "sustainable environment" is vague and undefined, making it hard for courts and lawmakers to apply, and could invite uncertainty or litigation. Some contend that environmental goals are better pursued through specific legislation such as resource-management and climate laws, and that the Bill of Rights Act was designed for individual civil and political rights rather than broad collective or social entitlements.

See the Parliament.nz ↗ site for the full bill.

Oppose (No) Support (Yes)

New Zealand Bill of Rights (Right to Sustainable Environment) Amendment Bill · First Reading, 10 Apr 2024
Parliament voted 55–68 — it was voted down.