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Use Of The Whanganui River – Appeal Permitted

Wednesday, 26 September, 2007

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The Court of Appeal recently granted leave for Whanganui River claimants to appeal a 2006 High Court decision.

Genesis Power is seeking resource consent to use the Whanganui River for the Tongariro Power Development scheme.  The High Court quashed an Environment Court decision reducing the length of the resource consent from 35 years to 10 years.

The High Court decided that the claimants had failed to prove that they had suggested ways to reduce the effects of the Power scheme.

The Court of Appeal will now consider in a later hearing whether the High Court was correct in that decision.  The other key question they will consider relates to how the Environment Court interpreted the Resource Management Act.

Read a full copy of the Court of Appeal decision.

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