2/09/06 (NZ):
Expert Witness Accused of Biased Testimony
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An expert witness on regional planning called by the appellants was accused of one-sided and biased testimony at an Environment Court Appeal hearing on Wednesday.
Counsel for Gisborne District Council, Nicholas Wright, accused witness Rowan Wallis of providing unbalanced evidence. Mr Wallis was called to the stand by the appellants to present evidence on what he considered to be the effects of a proposed water bottling plant at Hexton. The Hexton Resident’s Society is appealing a Gisborne District Council decision to grant a suite of resource consents for Hexton Mineral Water Limited.
Mr Wallis said GDC had not properly considered resource consents for a proposed access road. Access to the proposed site was an integral part of the production and should be considered a discretionary act for which resource consent was required.
Both the proposed access road and the bottling plant would have a significant impact on and compromise the feasibility of land surrounding it. Cross-examined, Mr Wright asked Mr Wallis if he had read the code of conduct for expert witnesses and what it said about providing one-sided evidence. Mr Wallis said he had.
Mr Wright put it to Mr Wallis that although he had admitted under cross-examination that there were some positive aspects to come out of the applicant’s proposal, he had failed to acknowledge those in his original evidence.
He asked Mr Wallis if he believed he had failed in his duty as expert witness because of this.
Mr Wallis said he had not failed as a witness and he conceded there were positive aspects of the proposal.
But he was in court to put forward the side of the appellant.
He was asked why he was giving their side when he was supposed to be presenting a balanced view.
Mr Wallis said expert witnesses for GDC had already presented the other view.
© X-Pro 2006
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