Abstract:
This paper provides a critical analysis of the balancing exercise carried out by the courts as required under the purpose and principles of Part 2 of the Resource Management Act 1991. It looks at the balance between the national and global benefits of wind farm developments and the local adverse effects. It asks what weight has the court given to matters of climate change and renewable energy and whether or not there has been a favouring of the protection of local environments and communities from the adverse effects of wind farm development, to the detriment of the country. It considers whether the favouring of the protection of local environments and communities is justified. It finally looks at possible ways forward, being the National Policy Statement and an upgrade under the Act for climate change and renewable energy from section 7 principles to section 6.
