West Coast Ent Incorporated v Buller Coal Limited, Soli Energy New Zealand Limited, Royal Forest and Bird Protection Society of New Zealand Incorporated. - SC 75/2012
Summary
Civil Appeal – Supreme Court Act 2003, s 14 – Declarations sought in the Environment Court as to whether the effect of the combustion of coal, extracted from particular mining proposals, on climate change is a relevant consideration under s 104(1)(a) of the Resource Management Act 1991 – Matter heard by Environment Court and High Court – All parties agree to an appeal straight to the Supreme Court – Whether there are exceptional circumstances justifying leave to appeal directly to the Supreme Court from the High Court.[2012] NZHC 2156 CIV 2012 409 972
Result
Leave to appeal direct to this Court, against the High Court’s judgment, is granted.
The approved ground of appeal is whether, under s 104(1)(a) of the Resource Management Act 1991, the decision-makers in the consent proceedings were required or able to have regard to the effects on climate change of discharge of greenhouse gases arising from end use of coal that will be extracted if consent is upheld.
28 November 2012
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The appeal is dismissed.
Costs are reserved.
19 September 2013
Additional Information
Hearing dates : 12 and 13 March 2013
Elias CJ, McGrath, William Young, Chambers, Glazebrook JJ.