Battle against controversial Waiheke Island marina plan heads to Supreme Court

Artist impression of Kennedy Point Marina. Photo / Supplied

By Adam Jacobson of RNZ

Opponents of a controversial marina proposal on Waiheke Island are heading to the Supreme Court in a final bid to halt its construction.

In 2018, the Environment Court granted resource consent to develop the 186-berth marina, which would also feature a floating car park.

Save Kennedy Point (SKP) have been trying to stop the marina.

Chairman David Baigent said a recent Māori Appellate Court judgment found Auckland Council failed to recognise Ngāti Paoa Trust Board as a mandated representative under the Resource Management Act.

The council was accused of speaking to the wrong iwi during consultation.

But Auckland Council general manager for resource consents Ian Smallburn said the courts had not said any action by the council on the resource consent for the Kennedy Point Marina was unlawful.

SKP said the council "was wrong to engage the iwi trust as if it were the representative of the iwi".

"In light of the recent Māori Appellate Court finding, SKP has a responsibility to do what it can to continue to stand up for the environment of Waiheke and the Hauraki Gulf, and for mana whenua," Baigent said.

Baigent said the community group "hopes to provide a platform and opportunity for the Ngāti Paoa Trust Board to have the fundamental wrong that was committed against it by Auckland Council, righted."

The council needed to apologise to Ngāti Paoa and the Waiheke community, and overturn the marina's consent, he said.

"Until [the] council does so, SKP has no choice but to bring an application for leave to appeal before the Supreme Court in the hope that the true position of mana whenua will finally be heard by the court, and a rehearing ordered for the marina resource consent," he said.

Smallburn said SKP had been "unsuccessful in numerous court actions to date" and were "entitled to consider further legal avenues."

- RNZ