ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]
...[57] More contentious in this case is to what standard the parties have to prove their respective cases about the risks to the environment of Clifford Bay, and in particular to the Hector's dolphins which live there, and to the amenities of humans who live nearby. [58] It is beyond dispute that disputed facts in issue in proceedings under the RMA have to be proved on the balance of probabilities. In a case under the RMA in which one issue was whether certain land was waahi tapu -...