Construction starts on controversial Waiheke marina despite ongoing court battle

Wednesday, 10 March 2021

Building has begun on a controversial marina development on Waiheke Island, despite the final rumblings of a court battle still going on at the Supreme Court.

The Kennedy Point Marina has been the subject of intense legal wrangling over its suitability for the island in Auckland's Hauraki Gulf.

Save Kennedy Point (SKP), which has been fighting the marina since 2017, is yet to hear the outcome of a last-ditch appeal to the Supreme Court over the resource consent granted by Auckland Council.

A barge and large crane arrived at Pūtiki Bay on Tuesday, marking the start of construction for the 181-berth marina.

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Police talk to protesters in Pūtiki Bay following the arrival of a large construction barge.

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An aerial view of Kennedy Point, where a 181-berth marina is due to be built.

The barge was soon met by protesters at the beach, who conducted a karakia on Wednesday morning.

The group includes SKP members, local residents and whānau of Piritahi Marae, a community marae which is not affiliated with Ngāti Pāoa, the mana whenua of Waiheke.

One of the protest organisers, Bianca Ranson, said local residents weren’t told construction was due to start.

Protesters intended to stay at the site full-time, she said.

Protesters gather at the beach on Wednesday morning.

She said when a pile was driven into the seabed, “within a minute we saw the bay go from crystal clear to a plume of sediment that floated across the whole bay”. That illustrated the damage that could be done to the bay during the 18-month construction process, she said.

The Kennedy Point developers consulted with the former trustees of Ngāti Pāoa Iwi Trust, who gave their approval for the marina.

A new board was elected late last year. Tania Tarawa, deputy chairwoman of Ngāti Pāoa Iwi Trust, said the board was “deeply concerned” with the situation unfolding at Kennedy Point.

The board was not aware of the blessing that was performed with Kennedy Point developers on Tuesday, or the protesters’ blessing conducted on Wednesday morning.

Tarawa said the new trustees had resolved to review the delegations and contractual arrangements undertaken by the previous board and the outgoing chief executive, including the issue related to the marina development.

“We are committed to engaging with our people and seeking broad views to determine our position.”

Ngāti Pāoa Trust Board opposes the marina, and maintains they were not appropriately consulted.

Trust Board co-chair Danella Roebuck travelled from Waikato to the island on Tuesday night after hearing the news of construction starting, saying it was “very disturbing”.

Directors of Kennedy Point Boatharbour Tony Mair and Kitt Littlejohn said they were confident the court action would not change their plans.

“We have a legal consent to build a marina, and we’re building a marina,” Mair said.

“There’s been a lot of challenges, there’s always challenges for marinas.”

The proposal had to meet strict environmental criteria, he said. One of the concerns raised has been over the nesting sites of Little Blue Penguins.

In a statement, project manager Scott Fickling said external environmental ecologists are due to prepare a report to ensure any penguins thought to be living in the area are protected.