Injunction against Kennedy Point protectors ahead of Auckland's eased restrictions

Tuesday, 9 November 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)

An injunction has been granted against a group opposed to the construction of a marina on Waiheke island, stopping them from trespassing parts of the coast where the Kennedy Point Marina was being built.

The interim injunction, issued by the High Court against 32 Waiheke residents, comes ahead of Auckland’s drop to step 2 of alert level 3, under which gatherings of up to 25 people will be allowed.

The group is opposed to the construction of the marina on environmental grounds – a petition with over 20,000 signatures called for Council and the government to review the consent for the build.

Its members call themselves protectors because they see their role as kaitiaki, or guardians of the area.

* Police spent $36k arresting four Waiheke protectors, breaking up marina occupation

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

The 32 named defendants are among many on Waiheke Island who are opposed to the construction of the Kennedy Point Marina on environmental grounds.

Kennedy Point Boatharbour Ltd (KPBL) argued it was concerned less stringent Covid restrictions would allow protestors to gather and disrupt construction, and sought court action before Auckland's restrictions eased after Tuesday midnight.

Justice Ed Wylie ruled KPBL was entitled to exclude the group from the area for which it holds a coastal permit.

In September, construction workers and protectors were back at the Kennedy Point Marina site at Putiki Bay.

”It seems that KPBL has obtained consent to construct the marina, that that consent has survived concerted and determined challenges, and that KPBL has the right to exclude persons from that part of the coastal marina area as is reasonably necessary so it can exercise the consent it has obtained,” he said.

Affidavits filed to court suggested the named defendants had previously trespassed the area, and Justice Wylie said there was evidence to suggest future trespasses when the lockdown level is lowered.

He said further trespass would impact KPBL’s rights to construct the marina and also raised the “public safety” considerations behind granting the injunction.

“There is a danger to the persons who place themselves in proximity to some of the machines being used to undertake the construction,” he said.

In September, protectors had returned to Pūtiki Bay when work on the marina resumed after Auckland dropped to level three.

This was a month after their occupation camp at the bay was forced to disband when Auckland entered level four lockdown.

Emily Māia Weiss of Protect Pūtiki earlier told Stuff that while they weren’t able to stop the construction, they were taking turns to visit the bay to bear witness to what was happening, observe the bay and birdlife and say karakia.

She said they were observing level 3 restrictions by wearing masks, social distancing and spacing out their visits.