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

Reporter Info: [2005] NRRMA 541
Status: Reversed refusal of consent for proposed wind farm
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Renewable projects
Jurisdictions:
  • New Zealand
    • Environment Court
Principal Laws:
  • New Zealand
    • Resource Management Act 1991
Summary:

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.

At Issue: Challenge to district council's decision refusing consent for a proposed wind farm
Case Documents:
Filing Date Type File Summary
09/07/2005 Judgment Download No summary available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.