Controversial Waiheke marina going ahead at Kennedy Point after Environment Court decision

Plans for the new Kennedy Point Marina on Waiheke Island.

A controversial marina development at Waiheke Island's Kennedy Point has the green light, after an Environment Court ruling yesterday.

Auckland Council-apppointed commissioners approved the 186-berth marina in May last year but SKP Incorporated, which the court said should not be confused with Save Kennedy Point Inc, a different legal entity, appealed the decision.

Tony Mair, director of Kennedy Point Boatharbour, said he was "delighted" the court had now upheld the original decision.
The decision noted that the Environment Court had previously rejected another scheme for Matiatia.

"While Matiatia is the principal passenger entry port to Waiheke, Kennedy Point can be described as the principal commercial entry port, handling as it does primarily vehicular ferries and freight," Environment Court Principal Judge Laurie Newhook's decision said.

Mair, represented by Derek Nolan QC and Kitt Littlejohn, said the decision was vindication for his scheme.

He expects no appeals "as it's very clean. If you read the decision of the principal court judge, you can make your mind up.

"The court has endorsed all of the effort we put into the project. All of our design innovations and the engagement process we followed with key stakeholders Ngāti Paoa and Sealink have been affirmed," Mair said.

"The marina will utilise New Zealand-first floating breakwater technology from Sweden, including floating pontoons for access, car-parking and marina buildings. It will include space for public pick-up and drop-off and day berthage for small boats visiting the island. A café, kayak/SUP storage and community meeting space would be developed. Donald Bruce Road would also be widened to improve ferry queuing," Mair said.

An SKP spokesperson said this morning: "All of us in SKP are utterly sad. We will consider how we will move forward in the next few days."

David Baigent, SKP Inc chairman and spokesperson said today: "We are disappointed. However, we do not feel defeated. We have been in this process for the benefit not of ourselves but of the environment and our community. We will take the coming days to carefully review this decision and decide on future action."

The court said key features of the scheme were:

• A marina basin created by two floating attenuators, piled in place with no need for dredging, reclamation or breakwaters;

• Marina piers and fingers capable of providing up to 186 berths, all fully reticulated for power and fresh water, set back between 75m and 100m from the foreshore and located in an area of the coastal marina area zoned for moorings:

• New pile moorings and dinghy racks for up to 19 vessels;

• Public pickup and drop off berthage and day berthage for up to 30 trailer boats;

• A floating access and carparking pontoon connected to the land via a hinged gangway and piled wharf structure off Donald Bruce Rd;

• A floating marina office and berth user's facilities with floating community building, viewing deck and storage;

• Public grey and black water pump-out and temporary storage facilities;

• Upgrading Donald Bruce Rd to assist in separating ferry traffic from other traffic and improving the existing carpark.