Waiheke Community Group, SKP Inc Heads To Supreme Court To Stop Marina
[For immediate release]
[Waiheke Island, December 23, 2020, 11.59 pm]

Waiheke Community Group, SKP Inc (SKP) is heading to the Supreme Court in a final bid to stop a marina from being constructed at Kennedy Point, Pūtiki Bay, Waiheke Island.

SKP’s decision to appeal the marina resource consent to the Supreme Court follows a recent Māori Appellate Court judgment that found that Auckland Council acted unlawfully in failing to recognise the Ngāti Paoa Trust Board as the mandated representative for Ngāti Paoa in relation to Resource Management Act (RMA) matters. The Trust Board as the mana whenua representative of Waiheke Island is strongly opposed to the marina.

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On Friday, 17 July 2020, SKP Inc (SKP), a Waiheke Island based community group, filed an application with the Court of Appeal asking the Court to hear its appeal against a marina planned for Kennedy Point, Waiheke Island.

At the heart of its case is a claim by SKP that Auckland Council provided consent for the marina resource application without hearing from the Ngāti Pāoa Trust Board (Trust Board), the mana whenua representative for Ngāti Pāoa in respect of Resource Management Act matters.

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On Friday 19 June 2020, the High Court issued its judgement, dismissing SKP Inc’s Appeal against the decision of the Environment Court dated 13 December 2019 which refused to grant SKP’s rehearing application. Over the next week SKP will review the judgment and obtain legal advice about the next steps available, as well as consult with SKP members and supporters.


And while on the face of it, the High Court dismissal represents a further setback for SKP Inc in its attempt to stop the marina from going ahead at Kennedy Point Bay, the judgment also represents a significant win for environmental groups, iwi and community groups throughout New Zealand. Especially those who are fighting to protect the environment and Māori Cultural values and who feel they are either being excluded or not being heard.


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SKP Marina battle heads to high court

Environment Judge David Kirkpatrick of Auckland has been appointed as the Principal Environment Judge, Attorney-General David Parker announced today - 20 May 2020.

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SKP filed its appeal submissions on 24 August 2020 with the Court of Appeal (COA). A copy of SKP’s submissions can be viewed at here.

This represents an important milestone for SKP in its bid to have the COA provide it with leave to appeal the Kennedy Point marina resource consent and to ultimately have the matter reheard (based on Māori cultural issues).

SKP’s submissions set out the substantive and persuasive case for SKP’s leave application and include the:

  1. strong emphasis on obligations under the Treaty of Waitangi (as provided for in Part 2 of the Resource Management Act);
  2. procedural and substantive rights of iwi representatives and entities to be heard and to be accorded natural justice;
  3. tangible implications and effects on iwi representatives of a Council’s unilateral decision
  4. to remove an iwi representative from its mana whenua register;
  5. critical importance of Māori and iwi participation in the RMA and resource consent application process.

SKP is of the view that the case involves matters of general and public importance and will likely have significant implications for other iwi and iwi representatives throughout Aotearoa. As such, SKP anticipates that the case will set important legal precedent.

Following SKP’s written submissions, the Developer, Kennedy Point Boatharbour Limited, and Auckland Council are required to file their written reply submissions by Monday, 14 September 2020. Followed by SKP’s response which is due to be filed by Monday 28 September 2020.

The Court of Appeal will then determine SKP’s Application for Leave on the papers by two Judges sitting at the Court of Appeal in the week of 12 October 2020 (no oral hearing and no appearances before the COA will be required).

SKP would like to thank its supporters, members, and the wider Waiheke and New Zealand community for their continued support and encouragement. We also wish you all good health and resilience during this difficult Covid-19 times. While 2020 has been a challenging year for everyone, it has been a poignant reminder to organisations like SKP that the long and difficult battle to save our environment and our planet is one worth fighting for and one we cannot give up!


Chloe Swarbrick says she’s ready to run hard for Auckland Central.

“It’s one thing to be an awesome local MP who’s good at helping people navigate the system and it’s another to take those issues into parliament to change the system that produces those problems. That’s my proposition,” she says.

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Yesterday, (Tuesday 2 June 2020) SKP’s formidable barrister, James Gardner-Hopkins spoke to the High Court in front of Justice Gault on behalf of SKP’s 4 year battle to save Kennedy Point.

Flanked by resident SKP supporters, including the original battlers Thomas Greve and Kathryn Ngapo, the second-wavers ‘Kathy Voyles, Jeanne Reynolds, Jacqueline Carter and Ngāti Pāoa reps Donella Roebeck, Dave Roebeck and Karla Allies - for almost 5 hours and with over 1000 pages of Court materials, James did us proud.

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SKP Marina battle heads to high court

Just when you thought the marina battle was over…. (at least, that’s what the developer wants everyone to think).

 Yesterday, on 5 May 2020, SKP filed its Appeal submissions with the High Court. A copy of the submissions are available here.

 SKP’s High Court Appeal submissions follow months of hard work and preparation - and present what SKP believe is its best case and opportunity to have the Kennedy Point marina resource consent application reheard by the Environment Court.

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