Opposition Time Line

Waiheke's community group DMI (Direction Matiatia Inc) win the Environment Court hearing to stop a marina on Waiheke. Graham Guthrie (Waiheke), Tony Pope (Waiheke) and Phil Wardale (Auckland) throw their marina development company into liquidation, saying it is unable to pay Court awarded costs of $1.46m to the Waiheke Community, Auckland Council and the Crown.

Kennedy Point Boatharbour Ltd lodges resource consent application to build a marina at Kennedy Point.

KPBL consent application is publicly notified.

Auckland Council hearing for KPBL consent application.

Auckland Council grants consent.

Environment Court hears appeals on the consent from SKP Inc and Ron Walden.

Environment Court releases decision refusing appeals and confirming resource consent.

SKP Inc files application to Environment Court for rehearing of appeal and late appeal to High Court.

KPBL lodges application for a variation to its consent.

Auckland Council issues decision to proceed with the variation application on a Limited-Notified basis to eight iwi including Ngati Paoa Trust Board and Ngati Paoa Iwi Trust. This is currently on hold at KPBL’s request.

High Court declines SKP application for leave to appeal out of time and concludes that the matter of representation should be dealt with in the rehearing in the Environment Court.

KPBL lodges coastal consent application for a change to the anchoring system for the marina’s breakwaters, which is currently on hold at KPBL’s request.

Sue Pawley, her sheep Multi, and supporters travel to parliament to hand petition against marina to MP Nikki Kaye.

SKP files application for Environment Court to adjourn rehearing application.

SKP files application for the recusal of Environment Court Judge Newhook.

Environment Court hearing on adjournment and recusal applications, with oral indication of refusal.

Environment Court hearing on SKP’s request for a rehearing of its appeal.

Environment Court issues decision declining SKP’s recusal request and refusing adjournment.

Environment Court issues decision declining SKP’s request for a rehearing of its appeal against consent

SKP Inc files appeal in the High Court of the Environment Court’s decision to decline its request for a rehearing of its appeal against the original consent.

Maori Appellate Court hears case on which entity, Ngati Paoa Iwi Trust or Ngati Paoa Trust Board, holds the mandate to represent the iwi on local governmentand RMA matters. The court’s decision has not yet been released.

High Court hearing date.

High Court agreed that EC had assessed wrong Change of Circumstance in the Rehearing judgement, however dismissed SKP’s Appeal 

SKP filed its Application for Leave to Appeal with the Court of Appeal 

KPBH and Council filed Memorandum of Opposition to SKP’s Application for Leave to Appeal, Court of Appeal

Court of Appeal issues directions listing SKP’s Application for Leave including: 

1. SKP to file its submissions with any essential authorities on or before Monday, 24 August 2020; 
2. Respondents to file submissions with any essential authorities on or before Monday, 14 September 2020;
3. SKP to files its Response no later than Monday, 28 September 2020; 
4. The Application for Leave will be determined 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 Court will be required);

If leave is granted a new fixture date will be set to deal with the substantive appeal