New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Emissions trading scheme

Legal area

Court

19 Sept 2013

WEST COAST ENT INCORPORATED v BULLER COAL LIMITED [2013] NZSC 87

Citation

[2013] NZSC 87
Court

Supreme Court

Majority: s104(1)(a) of the RMA does not permit consent authorities to take into account the climate-change effects of greenhouse gas emissions arising from the subsequent combustion (end use) of coal exported and burned overseas when deciding land-use and related consents; the 2004 Amendment Act and its operative provisions (notably ss70A,104E,104F) demonstrate Parliament's intention that effects of greenhouse gas discharges be addressed by national mechanisms and that regional and local regulatory and consenting functions should not extend to those downstream/extraterritorial emissions; all…
19 Dec 2012

NZ CLIMATE SCIENCE EDUCATION TRUST V NIWA HC AK CIV-2010-404-005092

Citation

openlaw-2de21546_f3f0_4da3_b4ce_b88fd205b069.pdf
Court

High Court

The judge's disclosed forestry investment holding NZUs did not create presumptive or apparent bias because any effect of the judicial review on the ETS or the value of NZUs was speculative and remote; accordingly recusal was declined. NIWA was entitled to costs on category 2 time band C, uplifted by 50% for wasted preparation, resulting in $85,091.00 plus disbursements $4,147.90 (total $89,238.90). NIWA may pursue any application for non-party costs against Messrs Brill and Dunleavy by formal application.