Waiheke marina protectors challenge 'secret' court ruling barring them from site

Wednesday, 15 December 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)

Those protesting against a Waiheke marina are challenging the developers in court over a “secret” injunction that barred them from the Kennedy Point construction zone.

The interim injunction was granted by the High Court in Auckland in November, ahead of Covid restrictions easing to allow gatherings of up to 25 outside.

It banned 32 Waiheke locals and “persons unknown” – essentially any potential trespassers – from entering the construction site or protesting up to 20 metres around it.

It was granted without notice, meaning Protect Pūtiki, the group protesting the marina since March, could not oppose it.

* Waiheke marina: Protectors vow to continue activism in face of court injunction

Protectors are challenging an injunction that stops them protesting in or near the construction zone.

* Waiheke marina: Trespass notices given by police at Kennedy Point weren't legal

They also face a claim by the developers for hundreds of thousands of dollars for damages and compensation for costs.

In challenging the injunction, lawyers representing the group raised a series of objections, including claims the developers failed to disclose material they should have when seeking a without notice injunction.

They claimed there were legal defects in the developers’ assertions about the extent of their right to exclude people from around the development.

They also highlighted rights under the Bill of Rights Act, and legal issues relating to tikanga Māori and Te Tiriti o Waitangi.

Emily Māia Weiss, a spokeswoman for Protect Pūtiki, said the developers were trying to “play legal games in order to bypass public opposition to the marina”.

“The secret injunction was yet another example of the developers failing to take seriously tikanga Māori, Te Tiriti o Waitangi, or our rights to protest.”

Protect Pūtiki is a Ngāti Pāoa-led group that has opposed the marina since construction started in March. Its members call themselves protectors because they see their role as kaitiaki, or guardians of the area.

They have occupied areas of Pūtiki Bay including the beach and car park, spent a week camping on a floating pontoon and stopped work by kayaking and swimming in the construction zone.

The developers have been given one week to file their submissions in reply to the challenge.

Kennedy Point Marina director Kitt Littlejohn said the company “rejects the categorisation of the interim injunction by Protect Pūtiki”.

The injunction was a “direct response” to protectors trespassing on the site, he said.

“The company was left with no option but to take these legal steps to ensure public safety and better enable it to manage construction of the marina.”

He said the company understood some people opposed the project, and they had the right to protest. They could continue to do this in areas not within the active construction zone, he said.