The effects of discharges from a coal-fired Marsden B power station on global warming cannot be taken into account in appeals against the station, the Environment Court has ruled.
It has rejected the first part of Greenpeace's appeal against decisions by the Northland Regional and Whangarei District councils to allowMighty River Power to run the Marsden B power station using coal.
The appeal included a claim that the effects of any greenhouse gas emissions from Marsden B on climate change should have been allowed to be considered by the councils.
The Resource Management Act was amended in 2004 to remove councils' ability to directly manage and regulate greenhouse emissions.
But Greenpeace argued that the act still provided for climate change to be considered through the benefits of renewable energy development in reducing climate change emissions.
It said Marsden B would shut out renewable energy sources which otherwise would have lowered greenhouse pollution, so climate change did need to be considered to that extent.
Environment Court Judge Laurie Newhook said the appeal must fail and that Greenpeace was "strained and wrong" in focusing too narrowly on certain sections of the act, rather than taking a proper overall view of it.
Greenpeace condemned the decision, saying it pointed to a gaping hole in New Zealand's policies to reduce greenhouse pollution.
Greenpeace has yet to decide whether to appeal against the decision to the High Court.
Other parts of the Greenpeace appeal covering items such as discharges of mercury, dioxins and sulphur dioxide are still to be considered.
Six appeals against the consents have been lodged with the Environment Court.
