New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory construction of s104e
  • 19 Dec 2008

    GREENPEACE NEW ZEALAND INC V GENESIS POWER LTD SC 94/2007

    Citation
    GREENPEACE NEW ZEALAND INC V GENESIS POWER LTD SC 94/2007
    Court
    Supreme Court

    By a majority the Supreme Court dismissed the appeal, holding that ss 70A and 104E are properly construed as confining the statutory exception permitting regard to greenhouse gas reduction benefits of renewable energy to rules or applications that involve the use and development of renewable energy; accordingly consent authorities generally must not have regard to the effects of greenhouse gas discharges on climate change except when the proposal itself involves renewable energy enabling an absolute or relative reduction.