Waiheke marina opponents told to pay quarter of a million dollars in court costs
Tuesday, 25 May 2021
A group trying to stop a marina being built at Waiheke’s Kennedy Point has been ordered to pay almost $250,000 in court costs.
Save Kennedy Point (SKP) has been told to reimburse Auckland Council and the marina developers, Kennedy Point Boatharbour Limited (KPBL), after repeated failed applications to the Environment Court.
In two decisions, Environment Court Judge Laurie Newhook noted the court has discretion whether to award costs, and only does so under special circumstances.
Newhook said while the sums awarded “will appear very substantial”, that is “because of the poor manner of participation in many ways”.
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SKP has been fighting the proposal for the 181-berth marina at Pūtiki Bay since 2017.
Most recently, it had a last-ditch appeal to the Supreme Court rejected and asked Auckland’s High Court to halt construction to protect the kororā, or little blue penguins, nesting in the construction site.
SKP chief executive Sebastian Cassie said being ordered to pay close to a quarter of a million dollars was far from what the group expected.
“We don’t think it’s fair, we think it’s oppressive,” he said.
He was particularly concerned by the potential “chilling effect” of the judgement, which he said could deter other community groups and iwi from taking cases to the Environment Court.
The first lot of costs relate to SKP’s unsuccessful 2018 appeal to the Environment Court to rehear the decision to grant consent.
SKP applied to have the determination of costs delayed pending its High Court appeal, which is why the costs are only now being established.
A second application for costs was made relating to SKP’s application to have the decision to grant consent reheard, and a number of interlocutory applications.
SKP was ordered to pay $97,601 to Auckland Council and $145,018 to KPBL – a total of $242,620.
Cassie did not have an immediate answer to how they would pay, but said “if we have to try and fundraise that money we will”.
The group would implore Council and the developers to “reach out with an olive branch” and not press for the costs, he said.
He said that would be the ultimate sign of the developers’ commitment to working alongside the community.
In awarding costs, Newhook found SKP’s applications were “misconceived”, “poorly conducted,” and “caused unnecessary cost”.
Cassie rejected this, saying SKP had engaged lawyers and highly regarded experts, and was not a “cowboy” outfit that had tried to represent itself.
He said SKP will consider the decision carefully and seek legal advice before deciding on its next steps, which could include appealing the judgement.