Controversial Waiheke marina passes another hurdle as court rejects extension request

Sunday, 5 May 2019

An artist's impression of the proposed Kennedy Point Marina could become a reality unless the Environment Court appeal succeeds.

A controversial marina development on Waiheke Island is one step closer after the Auckland High Court rejected an application to extend time to appeal.

In a decision released on April 24, the court said it was not in the interests of justice to grant an extension to appeal to the group opposing the marine development.

The decision left few options for community members worried about what a floating marina would do to the character of the island.

After initially receiving consent in May 2017, the 186-berth Kennedy Point Marina has been the subject of intense legal wrangling over its suitability for the island in Auckland's Hauraki Gulf.

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Waiheke residents, represented by community group, Save Kennedy Point (SKP), said the floating marina would cause the loss of the island's 'cultural landscape' in favour of 'private empire building within the public commons'.

While fighting the development through the courts, SKP also mobilised the local community through fundraising events and a hikoi.

In 2018, SKP took the Auckland Council and Kennedy Point Boatharbour Limited to the Environment Court to block the development.

However, in a decision released by Judge Laurie Newhook on May 30, 2018, the Court gave the marina the go-ahead.

In his decision, Newhook said the marina would have 'a variety of positive impacts for people and communities' and the physical environment.

He also said the structures would provide new recreational access to the sea and reduce coastal erosion.

On August 31, 2018 SKP filed a notice for appeal and application to extend time with the High Court as well as an application for another hearing at the Environmental Court.

The request to appeal came 10 weeks after the deadline.

Their key argument related to whether the iwi representative that testified in the 2018 case was the appropriate person to consult.

Two groups, Iwi Ngāti Pāoa Iwi Trust and the Ngāti Pāoa Trust Board, were both vying to be the representative body for local Māori interests on the island.

At the time of the initial consent process, the Trust Board was considered legally inoperative.

Between 2013 and December 2018, Auckland Council held the position that the Iwi Trust was the mandated body to work with on resource management issues.

The Iwi Trust supported the Kennedy Point marina.

In December last year, the Council reversed its earlier position and agreed to work with both organisations.

SKP argued that the Trust Board, who are opposed to the marina development, should have been included earlier in the process.

In the decision against granting an extension for an appeal, Judge Ian Gault said the issues in favour of the appeal were outweighed by the delay and the impact on the marina's developer.

He did not make a decision regarding the validity of the argument regarding iwi representation.

Gault pointed the SKP back to a its second hearing application at the Environmental Court.