PM’s office admits climate lobbying document was sent to staffer’s private email account
Tuesday, 2 June 2026
The Prime Minister’s Office (PMO) has admitted a corporate lobbying document at the centre of a climate litigation dispute was sent to a former Beehive staffer's private email account, prompting a fresh records review.
Until now, Christopher Luxon’s office maintained it had “no record” of meetings or briefing notes relating to lobbying by major corporate emitters seeking changes to climate litigation laws.
In a statement on Tuesday, PMO said it had since learned a copy of the document had been emailed by a Fonterra staff member to the private email account of Matt Burgess, Luxon’s chief policy adviser.
The Post revealed last week that Burgess, who served as Luxon’s chief policy adviser from January 2024 until late last year, was the official who received briefing material - which was printed out and hand-delivered - from Fonterra and Z Energy in mid-2024.
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“It has been brought to our attention that the hard copy document relating to the Smith v Fonterra case was also sent from a Fonterra staff member to the former Beehive staff member's private email account,” a spokesperson for Luxon said.
The statement acknowledged the arrangement fell short of expected standards.
“This does not meet the standards expected of staff in the Beehive and we are treating it with the seriousness it deserves, with a number of reviews under way.”
The document was prepared on behalf of the defendants in the landmark Smith v Fonterra climate change case and proposed a legislative amendment that would retrospectively block climate-related tort claims.
Two years later, the Government announced it would advance legislation closely matching the proposal.
The document emerged only after High Court discovery orders forced its disclosure during the litigation.
The Ombudsman has launched an investigation into Luxon’s office over its handling of Official Information Act requests.
Climate claimant Mike Smith has also asked the Chief Archivist Anahera Morehu to investigate whether records linked to the lobbying effort were improperly retained or disposed of under the Public Records Act.
Morehu confirmed to The Post that she has received two requests to examine the issue.
“We have subsequently been in contact with the Office of the Ombudsman, and they have informed us they already have an investigation underway,” she said.
“We await the outcome of their investigation before making any decision about commencing any work of our own.”
The briefing note was prepared on behalf of the defendants in Smith v Fonterra, including Fonterra and Z Energy.
It proposed a new provision in the Climate Change Response Act that would prevent climate-related tort claims from proceeding through the courts.
Last month, Justice Minister Paul Goldsmith announced the Government would progress legislation that closely mirrors the proposal.
PMO said the Department of Internal Affairs was now reviewing Burgess’ IT account and working with him to identify whether any other work-related documents remain in private email accounts.
“The Department of Internal Affairs is conducting a review of the former staff member's IT account to ensure there are no further documents or meetings relating to the Smith v Fonterra case that should be released, and will work with the individual to identify whether there are any other work-related documents on their private email that should be on the public record.”
Burgess had assured officials there were no other emails relating to the case held in his private account.
“Using private email to share official information undermines transparency and public trust,' the statement said.
“It remains appropriate for interested parties to talk to ministers and their staff on policy matters, but it is imperative that information is appropriately recorded and transparent. That did not happen here.”
The briefing note was not included in the response to two Official Information Act requests to Luxon’s office relating to the Smith v Fonterra litigation.
In March 2025, Matt Hall of the Environmental Law Initiative filed a sweeping OIA request explicitly tracking any documents, discussions, or meetings concerning the case.
The prime minister’s office responded on May 21, after a 19-working-day extension for “consultations”. The response contained no mention of the June or July 2024 meetings, nor did it include copies of the hand-delivered briefing note.
A similar OIA request by Lawyers for Climate Action NZ did not return the same material.
The document only came to light this month through the High Court's discovery process, prompting calls for an inquiry.
Iwi leader Smith launched his case in 2019. In 2024, he was granted permission by the Supreme Court to sue Fonterra and other major dairy and fossil fuel companies.
The hearing was sent back to the High Court and was due to start in April next year.
But the Government announced last month that it would amend legislation to prevent companies from being sued over damage caused by greenhouse gas emissions, effectively killing the case.
Smith said he wants Luxon to ‘front up’ on what he knew about the lobbying.
“This is about what he knew, when he knew it, and why his Government went ahead with a law that benefits the biggest polluters in an active case, about the harm they are causing to our whenua and community,” he said on Wednesday.
Hall said there are few people closer to the Prime Minister than their chief policy advisor.
“It's implausible that the PM wouldn't have known,” Hall said. “There’s obviously more to this story…This is one of the most senior staffers in the Beehive, in the Prime Minister's trusted inner-circle. There are still a lot of questions unanswered.”
In a statement, Labour leader Chris Hipkins said: “The more new information comes to light, the more this looks like a deliberate ploy by the Prime Minister’s office to hide the extent of industry lobbying and influence.
“Christopher Luxon’s government have agreed to change the law in a way that will clearly benefit large corporations like the petrol companies to the detriment of our environment. This stinks to high heaven. What else are the Prime Minister and his office hiding from the New Zealand public?”