New Zealand Court Dismisses Polisario’s Claim Over Saharan Phosphate Imports

An unsuccessful legal action. In its complaint filed by the separatist representative in Australia and New Zealand, Kamal Fadel, the Polisario had accused the New Zealand Superannuation Fund (NZSF), a government savings instrument created to support retirement pensions, of "investing in the illegal extraction and import of phosphates" from the Sahara.

In the decision of the High Court of New Zealand rendered on March 15, Judge Mark Woolford explained that "the Fund has not failed in its statutory obligations regarding the use of superphosphate on its farms," concluding that its investments "are in accordance with the 2001 New Zealand Superannuation and Retirement Income Act in its decisions regarding investment in assets related to phosphate extracted from the Sahara." "The High Court dismisses the judicial review of New Zealand’s imports of Saharan phosphate," the decision states.

The New Zealand Superannuation Fund says it is satisfied with this decision. "We take our obligations as a responsible investor very seriously. (...) In all investment matters, we properly apply our code to meet our legislative requirements to manage the Fund in a way that avoids damaging New Zealand’s reputation as a responsible member of the global community," said its spokesperson.

This decision sounds like a setback for Algeria and the Polisario, and a comfort for Morocco whose sovereignty over the Sahara was recognized by the United States on December 10, 2020.