Greenpeace New Zealand Incorporated v Northland Regional Council

COURT OR TRIBUNAL

Court of Appeal of New Zealand, Environment Court of New Zealand, High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

20/03/2006

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal-fired / gas-fired power station

REVIEW TYPE

Merits review and judicial review

SUMMARY

The case concerned authorisation by the Northland Regional Council and the Whangarei District Council for the operation of a coal-fired electricity generating station (the Marsden B Power Station). Greenpeace sought to have these decisions overturned on the basis of climate change considerations.

The first judgment related to an application by Mighty River Power Limited to strike out Greenpeace’s arguments relating to the effects on climate change, which was partially upheld. The second judgment related to an appeal of this decision, which was allowed. In the third judgment, the Court of Appeal found that “In considering the application by Genesis Power for a discharge permit relating to the discharge into the air of greenhouse gases associated with the proposed Rodney power station, the Auckland Regional Council must not have regard to the effects of that discharge on climate change.”

CASE DOCUMENTS

Greenpeace New Zealand Incorporated v Northland Regional Council A094/2006 [2006] NZEnvC 238
Greenpeace New Zealand v Northland Regional Council HC Auckland CIV 2007-404 [2006] NZHC 1212; (2006) 12 ELRNZ 377; [2007] NZRMA 87
Genesis Power Ltd v Greenpeace New Zealand Inc [2007] NZCA 569; (2007) 14 ELRNZ 1; [2008] 1 NZLR 803; [2008] NZRMA 125