Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 

SKP’s Bold Fight For Justice Receives Support

SKP’s Bold Fight For Justice Receives Support From The High Court

On 24 April 2019, High Court Judge Justice Gault handed down judgment in respect of SKP Inc’s (SKP) to lodge its appeal late. While the High Court ultimately declined to exercise its discretion to allow SKP to file its appeal out of time, the judgment provides a major boost for SKP in the battle to stop Kennedy Point Boat Harbour Limited (“KPB”) constructing a controversial marina and the country’s first floating carpark at Kennedy Point Bay, Waiheke Island.

In its judgment, the High Court accepted that the issues raised by SKP in the proposed appeal are significant, and also reiterated the significance of cultural effects under Part 2 of the Resource Management Act. The High Court acknowledged that the representation issue (regarding the Ngati Paoa Trust Board and its mandate to represent Ngati Paoa in relation to the RMA matters) was not drawn to the Environment Court’s attention during the initial Environment Court proceedings.

Ultimately, the High Court’s view is that SKP’s rehearing application lodged with the Environment Court is the more appropriate forum. The effect of the High Court decision is that the matter is essentially back before the Environment Court (under SKP’s rehearing application) for the Environment Court to consider and determine what the impact is of the new evidence (since the Environment Court’s original decision) of the Trust Board’s strong opposition on behalf of Ngati Paoa to KPB’s proposed marina development.



In the judgment, Justice Gault states:

“...the issue raised by the proposed appeal are significant”...

“...it is not for [the High Court] to predict how the Environment Court would have assessed evidence from Trust Board witnesses contesting that given by the Iwi Trust. The Environment Court is best placed to decide whether that would have made a difference. This also indicates that the s294 application is the more appropriate course.”

Another important recent development has been the efforts by the Ngati Paoa Trust Board and the Ngati Paoa Iwi Trust (the Iwi Trust) to try and resolve their differences and look to work together for the betterment of Ngati Paoa iwi, whanau and hapu. The Trust Board and Iwi Trust are engaged in a formal court ordered mediation today.

David Baigent, Chairperson for SKP Inc says: “The developer, Tony Mair, thought that he and his company could just strong arm SKP and the Waiheke Community by trying to tire us and exhaust our resources, but today the High Court sided with the Trust Board, SKP and the community of Waiheke. The High Court has determined that SKP has a significant case to be heard, albeit that the Environment Court is the more appropriate and direct forum for that case to be heard. We are ecstatic that our concerted and dedicated efforts to protect the environment and to uplift the mana of Ngati Paoa were acknowledged by the Court today.”

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

SCOOP COVERAGE: CHRISTCHURCH MOSQUES TERROR ATTACK


Gordon Campbell: On Reforming Parliament’s Toxic Culture

It would be nice to think Parliament was a forum where rationality ruled – and where policies are raised and evaluated in terms of their contribution to the greater good. Obviously, it isn’t like that... More>>

Historic Assualt Allegation: Parliamentary Service Staff Member Stood Down
Rt Hon Trevor Mallard said today: “I do not want to cut across any employment or possible police investigations, but I am satisfied that the Parliamentary Service has removed a threat to the safety of women working in the Parliamentary complex." More>>


 

Fatal 2018 Crash: Police Officer Should Not Have Engaged In Pursuit

The Independent Police Conduct Authority has found that a Police officer should not have tried to stop or pursue a car thought to contain young people in Palmerston North on 28 May 2018. More>>

ALSO:

New Poverty Targets: Goals Overlook 174000 Children In Worst Poverty

Child Poverty Action Group is pleased to see the Government set ambitious 10-year targets for child poverty reduction, but we are disappointed not to see a target set for improving thousands of young lives where the worst of poverty is found. More>>

ALSO:

Study: Guidelines Needed To Avoid Risks In Government AI

New Zealand is a world leader in government algorithm use – but measures are needed to guard against their dangers. This is the conclusion of a New Zealand Law Foundation-funded report from the University of Otago’s Artificial Intelligence and Law in New Zealand Project. More>>

ALSO:

Pike River: Families Welcome Opening Of Drift

The group representing 29 of the Pike River Families - the Pike River Family Reference Group - has welcomed the unsealing of the mine at a private family event this morning... More>>

ALSO:

Auckland Harbour Bridge: New Design For Walking And Cycling Crossing

The NZ Transport Agency has released plans for its preferred option for a shared path over the Auckland Harbour Bridge which will transform walking and cycling not only across the harbour, but throughout the city. The Transport Agency says its preferred ... More>>

ALSO:

Wellington:

Shaw First Reading Speech: Climate Change Response Bill

Madam Speaker, today we begin the task of amending the Climate Change Response Act [2002], to fulfil the commitment that we have made, as a country, to limit global warming to no more than 1.5 degrees Celsius above pre-industrial levels. More>>

ALSO:

Housing: More Unsold Kiwibuild Houses Bought By Govt

The Crown underwrite for unsold Kiwibuild homes has been triggered for a second time. Now lack of sales in Mike Greer's development in Canterbury and Auckland means the government has had to buy back seven more homes. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels