CPW Evidence
In resource consent hearings the burden of proof generally falls on the consent applicant to satisfy a hearing panel that the purpose of the Resource Management Act is met by granting rather than refusing consent. Also, a burden of proof lies on any party who wishes a hearing panel (or the Environment Court) to make a determination of adverse or positive effects. A 'scintilla' of probative evidence may be enough to make an issue of a particular adverse effect 'live' and therefore requiring rebuttal if it is not to be found to be established. The Officers' reports, in noting several adverse effects, have moved the burden of proof for rebuttal onto the witnesses for Central Plains Water Trust.
The opening legal submission for Central Plains Water Trust summarised their technical evidence and concluded that any adverse effects of the scheme will either be adequately mitigated or will be insignificant in light of the positive economic benefits of the scheme. The expert witnesses for Central Plains have provided many reports of technical evidence.
Read more about this topic: Central Plains Water, The Hearing of The Applications and Submissions
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