Disorder at Waiheke marina site leads to charges for protectors, but not developers

Thursday, 5 August 2021

Tensions have been rising at the Kennedy Point Marina site on Waiheke Island, as activists and crew tussle and occupiers take over the floating pontoon. (First published July 8, 2021)

Four weeks after altercations at a Waiheke marina site, two protectors have been charged with assault while no charges have been laid against the developer’s staff.

Videos from the Kennedy Point Marina site on July 7 appeared to show a protector being kicked in the face by a construction security guard and protectors being pushed into the sea by workers.

A video subsequently released by the developers appeared to show a worker having his head kicked by a protector before falling into a narrow cavity in the pontoon.

A man is apparently kicked in the face as activists and crew tussle. (Screenshot from supplied video)

The marina opponents belong to Protect Pūtiki. The group's members – who call themselves protectors because they see their role as kaitiaki, or guardians of the area – have been fighting the marina for months, saying mana whenua were not adequately consulted and kororā, little blue penguins, could be harmed by the construction.

* Anti-marina group demonstrates outside Auckland Council, demands work to stop

A security guard falls into a narrow cavity in the pontoon after apparently being kicked. (Screenshot from supplied video)

* Waiheke marina: Protector who spent four nights atop construction barge in court

Two protectors who were charged with assault in relation to the incidents also face trespass charges.

A 46-year-old woman is before the Auckland District Court on two charges of assault with intent to injure, injuring with intent and trespass, Inspector Gary Davey from Auckland Central Police said.

A 41-year-old man is facing multiple trespass charges as well as a charge of common assault.

Davey said the investigation remains ongoing, and he did not rule out further charges being laid.

Work is continuing on the 180-berth marina despite protectors’ continued opposition.

A week prior to the July 7 incidents, a woman was left with a sprained neck and wrist after the construction crew “rammed” her with their boat while she was protesting in the water.

Aiya van Kooten said she filed a police complaint after being trapped between buoys and having her head held underwater.

Police said the incident was “still under investigation”. No charges have been laid.

Kennedy Point Marina director Kitt Littlejohn said the company continued to assist police with ongoing investigations.

The security firm involved in the July 7 incident remains contracted to the project, he said.

However, the number of security guards on site had been reduced as the police presence increased, in part to “reduce tensions with protesters”.

Littlejohn said some staff were taken off the site over concerns for their physical and emotional well-being.

More than 35 formal complaints had been made against protesters, he said, for alleged offences including sabotage, threatening to kill, wilful trespass, injuring with intent, offensive behaviour, wilful damage, breach of bail, assault and theft.

Protect Pūtiki spokesperson Emily Māia-Weiss said a new petition had been launched in response to increased police presence at the bay.

The petition, which has more than 3000 signatures, calls for an inquiry into police activity at Pūtiki Bay.

“There has been close to 80 complaints laid with the police department from both protectors and developers, largely regarding assaults and trespassing but to date only the protectors have been charged and appeared in court,” the petition says.