A decision released by the Supreme Court has again rejected a legal bid to appeal the consent granted for construction of Waiheke’s Kennedy Point Marina.
Opposition group, Save Kennedy Point (SKP), lodged an application to the Supreme Court in December 2020 to bring another appeal. The High Court (June 2020), Court of Appeal (December 2020), and now the Supreme Court, have all refused to allow SKP to challenge a decision of the Environment Court, rejecting its bid to have its 2018 appeal against the Marina heard again.
Kennedy Point Marina, director, Kitt Littlejohn says; “The company is pleased to have received the Supreme Court ruling in its favour today. However, its main focus continues to be around bringing its vision for Kennedy Point Marina to life for the benefit of everyone within the Waiheke community, not just boaties.”
The Supreme Court agreed that SKP’s proposed appeal did not raise any legal questions of general or public importance. It also found there was no miscarriage of justice because the Ngati Paoa Trust Board had an opportunity to make a submission when the application was publicly notified, but didn’t, and SKP had not produced any evidence of adverse cultural effects arising from the project. The Court also found that there were no exceptional or circumstances warranting a further legal challenge.
In accordance with application requirements, the developer consulted with Ngati Paoa and other mana whenua as required by the Council and provided detailed cultural values assessments from Ngati Paoa and Ngai Tai ki Tamaki which assessed the marina development as appropriate from a cultural perspective.
Tony Mair, Kennedy Point Marina, project director, confirmed that the company will continue to consult with mana whenua in regards to the building of the marina and its future operation in accordance with its Mana Whenua Engagement Plan.
Mair was keen to acknowledge and thank the large number of Waiheke residents who had reached out to the Kennedy Point Marina team over the last six months with messages of support. “I would like to thank all of those who have and continue to support this Project.” he said.