Australia: Australia Conservation Foundation - coal
Judge rules that emissions must be considered (29 Oct 2004)
Document Actions
Environment Court allows wind farm appeal (07 September 2005)
On 7th September 2005, the New Zealand Environment Court allowed an appeal against the refusal of permission to build a wind farm, under the Resource Management Act 1991, citing reduction of emissions of greenhouse gases and climate change as factors supporting the appeal. The Court rejected the de minimis argument that, because the wind farm was a relatively small one (63 MW), its climate benefits were not relevant: Read the judgment: Genesis Power Limited and the Energy Efficiency and Conservation Authority v Franklin District Council.
The court relied in part on a September 2002 case, Environmental Defence Society v. Auckland Regional Council and Contact Energy Limited, which was one of the first cases in the world of judicial acceptance of climate change science and human influence.
