The Supreme Court has dealt a blow to campaigners against a Waiheke marina, rejecting their bid to appeal the consent granted by the High Court.
Save Kennedy Point (SKP) has been fighting plans for a marina at Ptiki Bay since 2017, seeing its battle through the Environment Court, High Court and Court of Appeal.
In a last ditch legal bid it asked the Supreme Court to overturn the High Court ruling and allow SKP to go back to the Environment Court to challenge the basis of the Auckland Council consent.
As protectors on the beach marked 50 days of occupation, the Supreme Court turned down the campaigners request to have the case reheard.
READ MORE:* Kennedy Point protectors say occupation is only option to stop Waiheke marina* Rush to protect penguins at Waiheke’s Kennedy Point as developers move in* The Detail: The controversy behind Waiheke Island’s Kennedy Point marina
SKP chairman David Baigent said the outcome was disappointing.
For over a decade the community of Waiheke have said that they do not want a marina that it isnt good for the environment, the Hauraki Gulf eco-system or mana whenua.
The Supreme Court has declined SKPs bid for the case to be reheard.
SKPs case for a rehearing was based on the argument mana whenua of Waiheke Island had not been appropriately heard from because Ngti Poa Trust Board was not consulted.
Danella Roebeck, co-chair of the Ngti Poa Trust Board, said as tangata whenua of Waiheke, the Trust Board, on behalf of Ngti Paoa, expresses its strong opposition to the Kennedy Point marina.
The courts have once again denied mana whenua the rights guaranteed under Te Tiriti o Waitangi and the right to be heard.
Kennedy Point Marina director Kitt Littlejohn said the company was pleased the court had ruled in its favour.
However, its main focus continues to be around bringing its vision for Kennedy Point Marina to life for the benefit of everyone within the Waiheke community, not just boaties.
A statement from the developers noted the Supreme Court found there was no miscarriage of justice because the Trust Board had an opportunity to make a submission when the application was publicly notified, and didnt.
SKP had not produced any evidence of adverse cultural effects arising from the project. The court also found that there were no exceptional or circumstances warranting a further legal challenge.
Protectors at the beach are worried for the welfare of little blue penguins nesting in the rock breakwater.
While the Supreme Court action was one of SKPs final appeal options in its bid to halt marina construction, it is hoping court action could put work on hold until a colony of little blue penguins who live at the site are provided for.
Last week, SKP took its fight back to the High Court, filing an application for an injunction and judicial review against Auckland Council and the Department of Conservation, with Kennedy Point Boat Harbour Limited a party to proceedings.
The High Court action aims to ensure the developers have a proper penguin protection plan in place before works start, following concerns the koror population would be endangered by construction.
SKP is joined by the Trust Board and environmental groups including Native Bird Rescue and Forest and Bird in its High Court action.
Occupiers at the beach have vowed to stay there until plans for the marina are scrapped.
Emily Mia Weiss (Ngti Poa), of Protect Kennedy Point which is the group occupying the beach, told Stuff the occupation was only necessary because every other legal avenue had been exhausted.
If the law isn’t going to recognise the community resistance and Ngti Poa resistance to the marina being built, then we have to show it through occupation, through other means.
Protesters march to the developers office in Takapuna.
In a statement, Ng Uri o Ngti Paoa (descendants of Ngti Paoa), said the court outcome would not deter them from their occupation.
As uri of Ngti Poa, we have obligations to be here that lie outside of the processes happening through the courts.
We are here in our responsibility to ensure our whenua and moana is protected.
We will remain occupying here at Ptiki Bay indefinitely.