GREENPEACE NEW ZEALAND INCORPORATED V GENESIS POWER LIMITED SC 94/2007
Supreme Court granted leave to appeal because the interpretation of s104E and the correctness of the Court of Appeal's exercise of discretion to grant declaratory relief raise important and unresolved questions of law warranting full hearing.
Source-derived case information.
- Citation
- GREENPEACE NEW ZEALAND INCORPORATED V GENESIS POWER LIMITED SC 94/2007
- Parties
- Appellant: Greenpeace New Zealand Incorporated; Respondent: Genesis Power Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 February 2008
- Procedural Posture
- Appeal to Supreme Court / Leave to Appeal Granted
- Outcome
- Leave to appeal granted and grounds of appeal approved
- Legal Topics
- Greenhouse Gas Emissions, S104 E Interpretation, Resource Consents, Declaratory Relief, Discretion to Grant Relief
Source-derived case record
Summary, issues, holding and outcome
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Parties
Greenpeace New Zealand Incorporated
Appellant
Genesis Power Limited
Respondent
Procedural Posture
Appeal to Supreme Court / Leave to Appeal Granted
Legal Issues
- 1 Whether the exception in s104E of the Resource Management Act 1991 permits consideration of greenhouse gas effects on climate change only for resource consent applications involving renewable energy or also for applications involving non-renewable energy
- 2 Whether the Court of Appeal erred in exercising its discretion to grant declaratory relief
Ratio Decidendi
Supreme Court granted leave to appeal because the interpretation of s104E and the correctness of the Court of Appeal's exercise of discretion to grant declaratory relief raise important and unresolved questions of law warranting full hearing.
Court Disposition
Leave to appeal granted and grounds of appeal approved
Orders
- Leave to appeal granted
- Approved grounds of appeal: (i) whether s104E permits consideration of greenhouse gas effects only for renewable energy applications or also for non-renewable energy applications; (ii) whether the Court of Appeal erred in exercising its discretion to grant declaratory relief
Full Case Text
Judgment text and source record
1 paragraphs
GREENPEACE NEW ZEALAND INCORPORATED V GENESIS POWER LIMITED SC 94/2007 11 February 2008IN THE SUPREME COURT OF NEW ZEALAND SC 94/2007 [2008] NZSC 2BETWEEN GREENPEACE NEW ZEALAND INCORPORATED Appellant AND GENESIS POWER LIMITED Respondent Court: Elias CJ, Blanchard and Anderson JJ Counsel: D M Salmon and M Heard for Appellant P F Majurey for Respondent Judgment: 11 February 2008JUDGMENT OF THE COURT A Leave to appeal against the decision of the Court of Appeal [2007] NZCA 569 is granted. B The approved grounds of appeal are: (i) Does the exception in s 104E of the Resource Management Act 1991 allow for consideration of the effects of greenhouse gas discharges on climate change (i) only for resource consent applications involving the use and development of renewable energy or (ii) for resource consent applications involving the use and development of renewable energy and resource consent applications involving only non-renewable energy?; and (ii) Did the Court of Appeal err in its decision to exercise its discretion to grant declaratory relief?Solicitors: LeeSalmonLong, Auckland for Appellant Russell McVeagh, Auckland for Respondent