[5] The Ōtāhuhu A gas turbines were retired from electricity generation in the late 1990s, however they remained in continuous service providing reactive power to Transpower NZ, owner of the national grid.
Resource consents were granted by Auckland Regional Council for the plant in 2001, but construction never commenced.
EDS argued that the predicted annual emissions of 1.2 million tonnes of carbon dioxide would contribute to climate change via the greenhouse effect and that the consent conditions should require complete carbon offsetting by planting of new forests.
The Environment Court agreed with the scientific consensus on anthropogenic climate change and concluded that the proposed CO2 emissions would be an "adverse effect of some consequence".
The court declined to impose the forest offsetting condition due to concerns over its "efficacy, appropriateness and reasonableness".
Also the Ōtāhuhu C proposal should wait for the Government's intentions to adopt a market-based carbon pricing system to become clear.