A power company proposed to build a power station fueled by natural gas. This required a number of resource consents, including a discharge permit. At question in this case was the proper interpretation of Section 104E of the Resource Management Act 1991. Section 104E prohibits consent authorities from considering the effect of greenhouse gas emissions on climate change in discharge and coastal permit applications, “except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases.” A majority of the Supreme Court upheld the interpretation of the Appeals Court that this exception means that greenhouse gas emission reductions should only be considered in applications involving renewable energy. 

The decision rejects the interpretation of Section 104E made by a lower court in Greenpeace New Zealand v. Northland Regional Council which took the approach that a reduction in greenhouse gases through use of renewable energy could be considered in all applications for a discharge permit whether or not they proposed the use of renewable energy. In her dissent to Greenpeace New Zealand Inc. v. Genesis Power Ltd., Justice Elias supported the interpretation from Greenpeace New Zealand v. Northland Regional Council.

Greenpeace New Zealand Inc. v. Genesis Power Ltd.

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Greenpeace New Zealand Inc. v. Genesis Power Ltd. - decision

Filed

A power company proposed to build a power station fueled by natural gas. This required a number of resource consents, including a discharge permit. At question in this case was the proper interpretation of Section 104E of the Resource Management Act 1991. Section 104E prohibits consent authorities from considering the effect of greenhouse gas emissions on climate change in discharge and coastal permit applications, “except to the extent that the use and development of renewable energy enables a reduction in the discharge into air of greenhouse gases.” A majority of the Supreme Court upheld the interpretation of the Appeals Court that this exception means that greenhouse gas emission reductions should only be considered in applications involving renewable energy. 

The decision rejects the interpretation of Section 104E made by a lower court in Greenpeace New Zealand v. Northland Regional Council which took the approach that a reduction in greenhouse gases through use of renewable energy could be considered in all applications for a discharge permit whether or not they proposed the use of renewable energy. In her dissent to Greenpeace New Zealand Inc. v. Genesis Power Ltd., Justice Elias supported the interpretation from Greenpeace New Zealand v. Northland Regional Council. 

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Actions to reduce emissions in energy generation and supply.

Heat extracted from the ground, usually in the form of hot water or steam and typically referred to as hydrothermal fluid.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Greenpeace New Zealand Inc. v. Genesis Power Ltd. - decision

Policy instrument

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector