Opposition Time Line

  • December 2015

    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.

  • 19 September 2016

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

  • 19 November 2016

    KPBL consent application is publicly notified.

  • 3 to 7 April 2017

    Auckland Council hearing for KPBL consent application.

  • 18 May 2017

    Auckland Council grants consent.

  • 26 February to 2 March 2018

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

  • 30 May 2018

    Environment Court releases decision refusing appeals and confirming resource consent.

  • 31 August 2018

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

  • 8 November 2018

    KPBL lodges application for a variation to its consent.

  • 25 February 2019

    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.

  • 24 April 2019

    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.

  • 20 June 2019

    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.

  • 7 August 2019

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

  • ll September 2019

    SKP files application for Environment Court to adjourn rehearing application.

  • 12 September 2019

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

  • 17 September 2019

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

  • 18 to 20 September 2019

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

  • 7 October 2019

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

  • 13 December 2019

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

  • 24 January 2020

    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.

  • 19 February 2020

    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.

  • 2 and 3 June 2020

    High Court hearing date.

  • Friday 19 June 2020

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

  • Friday 17 July 2020

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

  • Friday 31 July 2020

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

  • 13 August 2020

    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