Opponents of a controversial marina proposal on Waiheke Island are heading to the Supreme Court in a final bid to halt its construction.
Render of the proposed Kennedy Point Marina. Photo: Kennedy Point Marina
In 2018, the Environment Court granted resource consent to develop the 186-berth marina, which would also feature a floating car park.
A group called Save Kennedy Point (SKP) [https://www.rnz.co.nz/news/national/365427/high-court-appeal-lodged-against-waiheke-marina have been trying to stop the marina].
Its chair, 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 group during consultation.
Auckland Council general manager for resource consents Ian Smallburn said the courts had not considered any action by the council unlawful with regards to the resource consent for the Kennedy Point Marina.
In a statement, SKP said Auckland 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."