GREENPEACE NEW ZEALAND INCORPORATED v GENESIS POWER LIMITED SC 94/2007 [11
February 2008]
IN THE SUPREME COURT OF NEW ZEALAND
SC 94/2007
[2008] NZSC 2
BETWEEN GREENPEACE NEW ZEALAND
INCORPORATED
Appellant
AND GENESIS POWER LIMITED
Respondent
Court: Elias CJ, Blanchard and Anderson JJ
Counsel: D M Salmon and M Heard for Appellant
P F Majurey for Respondent
Judgment: 11 February 2008
JUDGMENT OF THE COURT
A Leave to appeal against the decision of the Court of Appeal [2007] NZCA 569 is granted.
B The approved grounds of appeal are:
(i) Does the exception in s 104E of the Resource Management Act 1991 allow for consideration of the effects of
greenhouse gas discharges on climate change (i) only for resource consent applications involving the use and development
of renewable energy or (ii) for resource consent applications involving the use and development of renewable energy and
resource consent applications involving only non-renewable energy?; and
(ii) Did the Court of Appeal err in its decision to exercise its discretion to grant declaratory relief?
Solicitors:
LeeSalmonLong, Auckland for Appellant
Russell McVeagh, Auckland for Respondent
ENDS