“He has won the ability to invite some scrutiny to corporate actions in relation to climate change that will bring pressure on them and may impact the way that they take action on their emissions reductions strategies.”
It may be another year or two before Smith’s case comes before the high court and should he fail, he could face millions in costs.
As he finishes up his drink, Smith is hesitant to try to predict the case’s outcome – while he is confident in his team and the arguments, he is also sceptical the court will produce something in favour of Māori.
“Having said that, the courts are dragged along by the morality of the time … maybe this is a court case whose time has come.”