Consultation Timeline
December 2015
- Environment Court rejects Matiatia Application by Waiheke Marinas Limited. Ngāti Pāoa Iwi Trust is recognised as mana whenua authority for Ngāti Pāoa by Court during Matitatia Marina application
- Kennedy Point Boatharbour Limited (KPBL) representative meets with kaumātua, Morehu Wilson
- Consultation with Ngāti Pāoa Iwi Trust begins
April 2016
- KPBL commences public and stakeholder consultation. This includes reaching out to all Tāmaki Makaurau mana whenua identified by Council
- Of the 17 iwi approached, three indicate they wish to provide input – Ngāti Paoa, Ngāi Tai ki Tāmaki and Ngaati Whanaunga
May 2016
- KPBL pre-application meeting with Council
- KPBL makes formal presentation to the Waiheke Local Board and a public open day is held at the MORRA hall in Oneroa
May – June 2016
- KPBL meets with Harbourmaster’s Office and communications with existing mooring owners begins
May – August 2016
- KPBL begins consultation with SeaLink and Auckland Transport
- Letters distributed to local property owners on Donald Bruce Road and Kennedy Point Road.
- Meetings with several local property owners and Kennedy Point Vineyard occur
May – September 2016
- KPBL engages directly with Ngāti Pāoa Iwi Trust and Ngāi Tai ki Tāmaki Tribal Trust on application design and conditions.
- Receives Cultural Values Assessments from both iwi representatives
September 2016
- A second pre-application meeting is held with Council
November 2016
- KPBL consent application publicly notified
December 2016
- Public submission period closes.
- No opposing submissions made by iwi representative entities
- KPBL learns of the existence of SKP and offers a meeting to discuss the project
May 2017
- Council decision approving KPBL’s application release
June 2017
- Appeals filed against Council decision by SKP Inc and R Walden
February – March 2018
- Environment Court hears appeals
- Ngāti Pāoa Iwi Trust and kaumātua, Morehu Wilson provide evidence in support of the project
May 2018
- Environment Court releases decision refusing appeals and confirming resource consent
June 2018
- KPBL commences project in reliance on consent
July 2018
- KPBL receives first communication from Ngāti Pāoa Trust Board
2019 Onwards
- KPBL consults with Ngāti Pāoa Trust Board and Ngāti Pāoa Iwi Trust in accordance with the Mana Whenua Engagement Plan required under its resource consent
Litigation timeline
June 2017
- Appeals filed against Council decision by SKP Inc and R Walden
February – March 2018
- Environment Court hears appeals Ngāti Pāoa Iwi Trust and kaumātua, Morehu Wilson provide evidence in support of the project
May 2018
- Environment Court releases decision refusing appeals and confirming resource consent
June 2018
- KPBL commences project in reliance on consent
August 2018
- SKP files late appeal to High Court supported by Ngāti Pāoa Trust Board
- SKP also seeks a rehearing in the Environment Court
April 2019
- High Court declines SKP application for leave to appeal out of time
June 2019
- SKP files rehearing application
September 2019
- The Environment Court considers the application and finds that there is no new evidence that would warrant a rehearing
- SKP files an application to the High Court against this decision
June 2020
- High Court dismisses an appeal by SKP against the 2019 Environment Court decision declining SKP’s application for a rehearing in relation to the proposed marina’s consent
- SKP lodges application to Court of Appeal
December 2020
- Court of Appeal refuses SKP’s leave to appeal the High Court’s decision
- SKP lodges an application to the Supreme Court
April 2021
- Supreme Court releases decision rejecting SKP’s legal bid to appeal the consent granted for construction of Waiheke’s Kennedy Point Marina
Conclusion
The Environment Court, Court of Appeal, High Court and Supreme Court all agreed that SKP’s proposed appeal did not raise any legal questions of general or public importance. They agreed there was no miscarriage of justice- the application had been publicly notified and the opposing iwi entity had the opportunity to make submissions in opposition. SKP had also not produced any evidence of adverse cultural effects arising from the project. The Courts all found that there were no exceptional or circumstances warranting further legal challenge.
April 2021
- SKP lodges an application to the High Court for a judicial review along with interim orders against DOC and Auckland Council, KPBL was a party. This related to the Council approved penguin monitoring and management plan
- Settlement reached between SKP and KPBL. Court proceedings withdrawn
June 2021
- Ngāti Pāoa Trust Board lodges appication with Environment Court for a Stop Work interim orders
July 2021
- No order granted for a Stop Works. The Court also confirms KPBL’s approach towards interpreting the scope of the consent conditions relating to kororā management and monitoring
