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Court agrees to hear Waiheke penguin challenge 06 Jul 2021 12:03 PM
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The Environment Court has granted Ngāti Paoa Trust Board an urgent hearing this Thursday and Friday on its challenge to a Waiheke marine development.
The board is asking that work stop until Kennedy Point Boatharbour Limited implements a proper monitoring and protection plan is in place for the endangered kororā or little blue penguins living on the site, which was a condition of its resource consent.
Trust co-chair Danella Roebeck says Auckland Council has failed in its duty to protect the environment and the kororā, so the iwi had to step up.
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Render of the proposed Kennedy Point Marina.
Photo: Kennedy Point Marina
In May the Environment Court granted resource consent to develop the 186-berth marina, which would feature a floating car park.
But Save Kennedy Point spokesperson Sebastian Cassie said the wrong iwi group was consulted during the consenting process. The mandated authority for Ngāti Paoa is completely against the marina and a large part of the case for the applicant was that it had the support of tangata whenua.
The High Court appeal claims the Ngāti Paoa Trust Board, rather than the separate Ngāti Paoa Iwi Trust, is the legitimate Māori authority for the island.