Electricity Corporation of New Zealand Limited v Manawatu-Wanganui Regional Council

COURT OR TRIBUNAL

Planning Tribunal of New Zealand

DATE FILED (OR FIRST HEARING DATE)

29/10/1990

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Hydropower

REVIEW TYPE

Merits review

SUMMARY

This was the first major planning appeal in New Zealand where issues of climate change and the greenhouse effect arose as matters for consideration. The two appeals related to a decision fixing a new minimum acceptable flow for the Wanganui River. The Electricity Corporation sought an outcome that the previous minimum acceptable flow be restored while the Whanganui River Maori Trust Board argued that the natural flow of the river be fixed as the minimum acceptable flow. The issue arose from the fact that the Electricity Corporation had been diverting substantial quantities of water from the headwaters and tributaries of the Wanganui River for electricity generation in its Tongariro power scheme and in the Waikato hydro stations for the previous 18 years.

At p.158, the court noted: “The implication of the greenhouse effect and climate change may be relevant to this case if the generation currently obtained from the Western Diversion water is replaced by generation from thermal plant by burning the fossil fuels coal, oil and gas.” At p. 171: “Under Electricorp's present operating system, any loss of hydro generation would be met by thermal generation by burning additional fossil fuels. That would contribute to the greenhouse effect and its associated climate change, which is likely to prove to be serious for human kind generally.”

And at p.173: “The burning of fossil fuels for thermal generation would release additional carbon dioxide to the atmosphere, contributing to the greenhouse effect and associated climate change. Although that increase would represent a very small proportion of this country's total production of greenhouse gases, any increase needs to be considered, because New Zealand can set an example to other countries of reducing emissions of those gases.” 

CASE DOCUMENTS

Electricity Corporation of New Zealand Limited v Manawatu-Wanganui Regional Council W70/90 [1990] NZPT 261

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