Genesis Power Ltd v Greenpeace New Zealand Inc

COURT OR TRIBUNAL

Supreme Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

11/10/2007

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal-fired and gas-fired power station

REVIEW TYPE

Judicial review

SUMMARY

(Lexis Catchwords & Digest from Lexis) Energy and resources — Gas — Renewable energy — Exception Application for declaratory relief. Applicant sought for resource consent associated with proposed gas-fired electricity-generating plant. Claimed proposed power station would discharge greenhouse gases into air and would require discharge permit under NZ Resource Management Act 1991 s 15. Claimed consent authority Auckland Regional Council (ARC) was not entitled to take into account impact of proposed discharged on climate change. Application was removed into New Zealand Court of Appeal for determination. Established changes in relevant law demonstrated clear legislative policy of nationalising country's approach to emission of greenhouse gases. Established exception in s 104E only applied in case of resource consent application which involved use of renewable sources of energy production. Established ARC was not to have regard to effects on climate change of discharge into air of greenhouse gases associated with proposed power station. Application granted.

(Lexis Catchwords & Digest) Energy and resources — Gas — Renewable energy — Exception Appeal against decision of New Zealand Court of Appeal (NZCA). Respondent proposed to build power station fuelled by natural gas and required number of resource consents including discharge permit. Sought various declarations from New Zealand High Court (NZHC) in relation to resource consent application. (NZ) Resource Management Act (act) 1991 required consent authorities to have particular regard to effects of discharges on climate change except that use and development of renewable energy enabled reduction in discharge into air of greenhouse gases. NZHC ruled in previous case that exception applied to all application whether company made use of renewable or non-renewable energy. Respondent sought declaration that exception applied only when application related to activity that involved use of renewable energy. New Zealand Court of Appeal (NZCA) granted declaration sought. Established exceptions articulated in Act extended only to rules and applications which involved use of renewable energy which were capable of resulting in reduction in discharge of greenhouse gases. Appeal dismissed.

CASE DOCUMENTS

Genesis Power Ltd v Greenpeace New Zealand Inc [2007] NZCA 569
Greenpeace New Zealand Inc v Genesis Power Ltd [2008] NZSC 112