Struggle against controversial Waiheke Island yacht club plan heads to Supreme Area

Artist impression of Kennedy Point Marina. Photo / Supplied

By Husfader Jacobson of RNZ

Opponents of a questionable marina proposal on Waiheke Island are heading to the Supreme The court in a final bid to halt its own construction.

Inside of 2018, the Environment Court granted signature consent to develop the 186-berth nautica, which would also feature a floating parking.

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

Chairman David Baigent said the latest Māori Appellate Court judgment ascertained Auckland Council failed to recognise Ngāti Paoa Trust Board as a remitted representative under the Resource Management Move.

The council was accused of speaking to an unacceptable iwi during consultation.

But Auckland Council essential 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 each council “was wrong to engage its iwi trust as if it are actually the representative of the iwi”.

“In light of this recent Māori Appellate Court picking, SKP has a responsibility to do actually can to continue to stand up just 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 an Ngāti Paoa Trust Board to offer the fundamental wrong that was committed versus it by Auckland Council, righted. ”

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Our council needed to apologise to Ngāti Paoa and the Waiheke community, and as well as overturn the marina’s consent, the man said.

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

Smallburn said SKP were definitily “unsuccessful in numerous court actions to actually date” and were “entitled look at further legal avenues. ”

– RNZ