1 Sep 2018

High Court appeal lodged against Waiheke marina

6:35 am on 1 September 2018

The battle to stop a controversial marina on Waiheke Island has fired up again, with opponents telling the High Court the wrong iwi group was consulted about the consents.

Render of the proposed Kennedy Point Marina.

Render of the proposed Kennedy Point Marina. Photo: Kennedy Point Marina

In May the Environment Court granted resource consent to develop the 186-berth marina, which would feature a floating car park.

But Save Kennedy Point spokesperson Sebastian Cassie said the wrong iwi group was consulted during the consenting process.

"The mandated authority for Ngāti Paoa is completely against the marina and a large part of the case for the applicant was that it had the support of tangata whenua."

The High Court appeal claims the Ngāti Paoa Trust Board, rather than the separate Ngāti Paoa Iwi Trust, is the legitimate Māori authority for the island.

Board spokesperson Dave Roebeck said the trust did not become the Māori authority until Treaty settlements were ratified.

"There hasn't been consultation with the right entity and that's because the [Auckland] Council are recognising a non-mandated entity."

However, trust chair Gary Thompson re-asserted the entity's authority on the island.

"The authority has been given through mandate in an election process that occurred in 2013 when 97 percent of the iwi voted in favour of the governance entity [the trust]."

He said the trust supported the marina because of the benefits it would deliver to iwi, like employment.

An Auckland Council spokesperson maintained that the trust rather than the board was "definitely the correct iwi to consult with regarding the marina".

Get the RNZ app

for ad-free news and current affairs