Greenhouse Gases and Climate Change: Relevance to Discharge Permit Applications

Abstract

The decision of Greenpeace New Zealand v Northland Regional Council considered to what extent, if at all, consent authorities are permitted to take into account climate change factors when considering applications for discharge of greenhouse gases. The author considers this issue in relation to the Mighty River Power case, which concerned an appeal against the authorization of a coal-fired electricity station, with specific regard to the court’s treatment of the Resource Management Act 1991.