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A fight over a Waiheke marina is heading back to the Environment Court after the High Court ruled Ngāti Paoa objections to the scheme had not been properly considered.
Justice Ian Gault turned down the Save Kennedy Point Incorporated Society’s application to lodge a late appeal against the Environment Court consent, but ruled its application for a rehearing should go ahead.
That’s because the initial hearing did not include the Ngāti Paoa Trust Board, which held a mandate to represent Ngāti Paoa in relation to Resource Management Act matters.
Instead it heard from the interim post settlement governance entity, the Ngāti Paoa Iwi Trust, which supports the development.
Justice Gault said it was not for him to predict how the Environment Court would have assessed evidence from Trust Board witnesses contesting that given by the Iwi Trust.
Save Kennedy Point chair David Baigent says the developer tried strong-arm tactics, but the High Court has sided with the Waiheke community, the trust board and the society, which is trying to protect the environment and to uplift the mana of Ngāti Paoa.
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