Greenpeace New Zealand v. Northland Regional Council

This case concerned a proposal by Mighty River Power to develop a coal-fired power station at Marsden Point in the Northland region. The appeal focused specifically on the decision of the Environment Court regarding the correct interpretation of s 104E of the Resource Management Act 1991, which precluded regional councils (when considering permit applications relating to the discharge of greenhouse gas emissions into air) from having ‘regard to the effects of such a discharge on climate change, except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases, either (a) in absolute terms, or (b) relative to the use and development of non-renewable energy’. The High Court held that whether a proposed activity would enable the reduction of greenhouse gas emissions into air was a relevant consideration in relation to both renewable and non-renewable energy projects. Note: Subsequently, this decision was overturned in Genesis Power Ltd v Greenpeace New Zealand.