11 Dec 2007
GENESIS POWER LIMITED V GREENPEACE NEW ZEALAND INCORPORATED CA CA372/07
- Citation
- openlaw-f20b5a2b_19a8_4835_b719_556c7a5a175a.pdf
- Court
- Court of Appeal
The Court held that s104E must be read to give effect to the legislative policy of nationalising greenhouse gas regulation: consent authorities must not have regard to the effects on climate change of greenhouse gas discharges except where the resource consent application itself involves the use or development of renewable energy; the broader High Court interpretation was rejected and s7 does not create a conflict that displaces the prohibition in s104E.