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A gas-fired power station near Helensville looks likely to go ahead after the Supreme Court dismissed objections by Greenpeace yesterday.
Greenpeace has argued through the courts that councils hearing applications to build power stations should consider the effect of greenhouse gas emissions on climate change, even though the Resource Management Act prohibits authorities from doing that.
The environmental group pointed to an exception in the legislation which provides for "a reduction in the discharge into air of greenhouse gases".
But a majority of the Supreme Court dismissed Greenpeace's argument and upheld an earlier Court of Appeal decision which said the exception applied only to applications involving renewable energy.
Greenpeace campaign manager Carmen Gravatt said this decision - on the back of the Government's "relentless backtrack on climate policy" and "aggressive" promotion of coal and gas - had global implications.
"It puts New Zealand seriously out of step with the rest of the world. Climate science shows we're running out of time to avoid dangerous climate change.
"The stakes are getting higher and New Zealand is not doing its bit."
She said a dissenting opinion from Chief Justice Sian Elias showed the law was unclear and needed urgent amendment to protect the climate.
"The law as it now stands could allow millions of tonnes of greenhouse gases to be emitted without any regulatory consideration of their impact on climate change. This is a serious loophole in terms of climate protection."
Genesis spokesman Richard Gordon said that was rubbish.
"This doesn't mean that gas turbines will be built all over the place."
While Genesis was still waiting to hear from the Rodney District Council, the Auckland Regional Council had already granted consent, giving it 15 years to build.
