After two years of fighting through the court system, Waiheke community group Save Kennedy Point Inc (SKP) is preparing for its day in court - this time, the High Court. SKP has been fighting a proposed marina at Kennedy Point since Kennedy Point Boatharbour Ltd applied for resource consent in 2016. Auckland Council planning commissioners granted consent for the marina in May 2017.

In 2018 the Environment Court heard SKP’s appeal of the consent, with the court deciding to uphold consent for the marina. Later that year, SKP applied for a rehearing in the Environment Court and made a late application to the High Court to appeal the Environment Court’s decision. The High Court declined that application, saying that the matters raised could be dealt with by the Envi¬ronment Court when it considered the rehearing application.

RECUSE
transitive verb
to disqualify (oneself) as judge in a particular case broadly : to remove (oneself) from participation to avoid a conflict of interest.

Earlier this week, SKP filed an application for His Honour Judge Newhook to recuse himself from SKP’s rehearing application.

This decision was one that came after long and careful consideration, but in the end SKP felt that the only way it is able to get a fair hearing and for natural justice is for its Rehearing application to be heard by another judge. The main ground for SKP’s Recusal Application is that the a fair minded observer would reasonably apprehend that His Honour may not be able to bring an impartial mind to the resolution of SKP’s Rehearing application - for various reasons as identified in the Recusal Application and supporting affidavit of Thomas Greve.

His Honour has listed the Recusal Application for hearing on Tuesday, 17 September 2019.

SKP’s Bold Fight For Justice Receives Support From The High Court - Friday 26 April 2019

On 24 April 2019, High Court Judge Justice Gault handed down judgment in respect of SKP Inc’s (SKP) to lodge its appeal late. While the High Court ultimately declined to exercise its discretion to allow SKP to file its appeal out of time, the judgment provides a major boost for SKP in the battle to stop Kennedy Point Boat Harbour Limited (“KPB”) constructing a controversial marina and the country’s first floating carpark at Kennedy Point Bay, Waiheke Island.

In its judgment, the High Court accepted that the issues raised by SKP in the proposed appeal are significant,

It is with great sadness that we e-mail you. Kennedy Point Boatharbour Ltd’s application to build a marina has been approved by the Council’s commissioners.

SKP feels that this design is out of character with the rest of Waiheke. It also represents the beginning of gentrification for the island.
After obtaining legal advice, the group have decided to appeal to the Environment Court. Watch this space.

‘Maori voices ignored’ as environmental protection group takes fight against Waiheke marina to the High Court

On Friday 24 January 2020, SKP Incorporated (SKP) filed a Notice of Appeal with the High Court, Auckland, appealing the Environment Court’s (EC) decision not to grant a rehearing for the Kennedy Point marina resource consent application (the Appeal). SKP’s rehearing application had focused on new Maori cultural evidence of the Ngati Paoa Trust Board (the Trust Board). That new evidence is that Ngati Paoa does not support the marina, and that as a result the EC should grant a rehearing to properly consider this new and important Maori cultural evidence.

Waiheke Island’s favourite four-legged activist may soon be taking a road trip to protest the plans for a floating marina at Kennedy Point. Alice Burton reports.

Sue Pawley and her sheep Multi have been an unstoppable force ever since the battle over the proposed marina at Kennedy Point started a few years ago.

Last Chance Environment Court and Sun Kissed Picnic Wednesday, 24 January 2018, 12:04 pm

Court Appeal Last Chance for Waiheke Community Group to Save Island’s Treasured Environment and Culture From Destructive Marina Development

Kennedy Point, which forms part of Putiki Bay on Waiheke Island, is a beautiful quiet bay surrounded by pohutukawa trees, with clean sea water and oysters that have historically been collected by local iwi and island residents. There’s a breakwater used for fishing, and a friendly beach frequented by families and visitors keen to swim in waters that are also home to the little blue penguin. Although close to the island’s only car ferry, that construction seems far apart from the peaceful beach and giant old tree with its roots trailing into the water of the bay. It is quintessentially, quietly Waiheke, with a cultural and historical significance, and where many generations of families have come to gather food and to enjoy.

SKP will seek Community Consultation after Devastating Court Decision
SKP Reaction to Environment Court Ruling

May 31, 2018

It’s been a huge task for the small Waiheke community, local New Zealand and international supporters to take on big business and local authorities, raising over NZ$250,000 to fight the Auckland City Council’s decision to approve a privately owned marina development at Kennedy Point in the historically and culturally significant Putiki Bay.

Locals from Waiheke and visitors to the increasingly popular tourist destination have consistently shown their concern as to what they believe will be an unsightly, unsustainable short termist style development on an island that suffers already from environmental degradation.