紐西蘭皇家森林與鳥類保育協會 (The Royal Forest & Bird Protection Society of New Zealand) 表示，他們的上訴將會在高等法院進行審理。
如果上訴成功，意謂著往後政府針對煤礦開採等開發案進行許可審查，也就是所謂的「資源許可程序」（resource consent process），就必須審酌該開發案的氣候變遷衝擊。
Martin 表示，「氣候變遷對全球生物多樣性的永續發展是最大的威脅，法院的裁決意味著丹尼斯頓開礦計畫中，考量環境影響時不會考慮氣候變遷的因素。這還有更廣泛的影響，將來任何的開發案，都會忽略氣候變遷問題。」Martin 表示，「身為紐西蘭的自然之聲，森林與鳥類協會正尋求法律上的解釋。」
森林與鳥類協會正在丹尼斯頓高原尋找一片 5900 公頃的保留區，以保護它不受露天開採的傷害，並給後代一個機會，自行決定是否要開採並燃燒煤礦。
One of New Zealand's major environmental groups will appeal a decision by the Environment Court that stops climate change impacts from being considered under the Resource Management Act.
The Royal Forest & Bird Protection Society of New Zealand says its appeal will be heard in the High Court.
If the group's appeal is successful, it would mean that the contribution to climate change of developments such as coal mining would be considered during the government's permitting process, known as the resource consent process.
The Australian mining company has resource consent from the New Zealand government to develop the Denniston coal mine - a mine on public conservation land that Forest & Bird, and others, have been campaigning against for years.
Speaking on behalf of Forest & Bird, Debs Martin says the organization believes the Resource Management Act should not ignore the negative effects of climate change.
Pure Advantage, a group of New Zealand business people promoting green growth for greater wealth, has joined environmental groups in questioning Conservation Minister Kate Wilkinson's decision to shut out public consultation over the Bathurst Resources mine.
Bathurst Resources proposes to mine 6.1 million tonnes of coal from the Dennison Plateau and then an additional 80 million tonnes from the area over a 35 year period.
Bathurst would pay royalties to New Zealand, employ hundreds of people, and bolster the region's economy. But opponents say the mining would destroy a unique habitat and contribute to global warming.
"Climate change is the biggest threat to the sustainability of the world's biodiversity," said Martin. "The court's ruling means the impact on climate change will not be taken into account when environmental implications are being considered in the proposal to mine Denniston. It also has much wider implications if, for any development, climate change is ignored."
"As New Zealand's voice for nature Forest & Bird has to seek clarification of the law," Martin said.
Forest & Bird is seeking a 5,900 hectare (22.7 square mile) reserve on the Denniston Plateau to protect it from open-cast mining and give future generations the opportunity to make their own decisions regarding mining and burning coal.