judgment

Genesis Power Ltd. and the Energy Efficiency and Conservation Authority v. Franklin District Council - judgment

Litigation

Sabin

Sabin Litigation

Filing Year For Action

New Zealand Environment Court granted consent for a wind farm.  The Franklin District Council refused consent for the project on the basis that would have an adverse visual effect on the landscape, local community and equestrian activities.  Proponents of the project cite reduction in emission of harmful greenhouse gases and a national need for sustainable and renewable energy sources as support for the project.  The court determined that the purpose of the Resource Management Act 1991 would be better served by granting the wind farm proposal.  The court found that the benefit of the wind farm proposal, when seen in a national context, outweighed the site-specific effects and the effects on the surrounding area.  The court also rejected the council’s argument that because the wind farm was relatively small, its climate change benefits were not relevant. 