The Environment Court has refused an application by opponents of a Waiheke Island marina, clearing the way for the project to go ahead.

In a decision just released, Principal Environment Court Judge Laurie Newhook, sitting with two commissioners, rejected the SKP Incorporated application to the hear the matter again because of new issues arising.

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SKP Incorporated took the unsuccessful action against Auckland Council and Kennedy Point Boarharbour.


The matter was heard from September 18 to 20 and the decision has just been released.

SKP said there was new and important evidence or changes in circumstances that in either case might have affected the court's decision and they were:
• Cultural issues and related topics that informed or were affected by them;
• Coastal processes including those affected by climate change;
• Traffic, parking and transportation in the vicinity of Kennedy Point.

In May last year, the marina development got the green light from the Environment Court.

Auckland Council-appointed commissioners approved the 186-berth marina in May 2017 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 last year he was "delighted" the court had 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," Judge Newhook's decision from last year said.