New Zealand laws do not allow indirect greenhouse gas emissions to be considered in resource consenting decisions, however this legal position is evolving overseas.
In 2022, our laws changed to allow direct emissions to be considered in such decisions, but did not extend to including indirect greenhouse gas emissions caused by the proposed activity.
Overseas, the legal position around this is shifting, with this evolution explored in a Resource Management Journal article penned by Lane Neave Partner Joshua Leckie and Solicitor Laura Brown.
They also look at how consideration of climate change has recently surfaced outside of the Resource Management Act 1991 (RMA) in relation to civil liability claims and rights legislation.
Background
Since 30 November 2022, amendments to the RMA have allowed the consideration of climate change in resource management decision-making.
This was a significant shift from the RMA’s previous position which expressly precluded local authorities from considering the effects of greenhouse gas discharges on climate change when determining applications or when making rules to control greenhouse gas discharges.
However, the RMA does not provide any direction as to the relevance of climate change effects for resource consenting decisions relating to activities which only indirectly result in greenhouse gas discharges.
Recent decisions from the New Zealand higher courts indicate that activities which indirectly result in greenhouse gas discharges – also referred to as end-use or downstream effects – generally cannot be considered in resource consenting decisions.
Meanwhile, in the UK, recent decisions illustrate how the legal position is evolving.
