Four-year court fight over as Waiheke marina developers and campaigners settle

Wednesday, 2 June 2021

Save Kennedy Point and Whānau of Piritahi Marae are campaigning to stop the construction of a marina at Kennedy Point on Waiheke Island.

Four years of court battles against a marina at Waiheke’s Kennedy Point have come to an end as campaigners and the developers settle out of court.

The settlement ensures for the protection of the kororā, little blue penguins, that were at the centre of a recent High Court fight.

Save Kennedy Point (SKP) has withdrawn its court proceedings, meaning construction work, which has been paused, will soon start up again.

Under the settlement, that will be done with the welfare of the kororā front of mind.

Work on the marina will start after a settlement was reached between campaigners and developers.

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The developer, Kennedy Point Boatharbour Limited (KPBL) has agreed not to carry out any work on the breakwater wall above the average sea level until their revised penguin protection plan is in place.

This has been prepared by penguin expert Dr Leigh Bull, who will be onsite during any work on the rocks within the breakwater wall.

The developer has also agreed to involve SKP’s appointed ecologist to review the plan, and will consider the ecologist’s feedback.

The plan will also be independently considered for approval by Auckland Council.

Campaigners were particularly concerned about the potential impact on little blue penguins.

SKP chief executive Sebastian Cassie said given these undertakings by the developer, SKP had agreed to withdraw its court proceedings and not take further legal action.

As part of the settlement, the developers have agreed to forgo all recent costs orders made against SKP and to not seek further costs.

SKP was facing bills of almost $250,000 sought by the developers and Auckland Council.

“It is good to be able to put this litigation behind us so that we can focus on building a marina that we believe all New Zealanders will be proud of,” KPBL director Tony Mair said.

“We remain committed not just to protecting the kororā and other wildlife at Kennedy Point but to giving back to the greater community of Waiheke and mana whenua.”

The marina company has agreed that all court costs paid to it by SKP to date will be pledged towards the foundation grant for the Kennedy Point Marina Maritime Trust.

The trust’s purpose is to provide maritime education for residents and mana whenua of Waiheke Island.

As a result of the settlement, the purpose will now be expanded to include flora and fauna conservation works associated with Waiheke’s marine environment.