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

 

Community Asks The Court Of Appeal To Intervene In Waiheke Environmental Case

On Friday, 17 July 2020, SKP Inc (SKP), a Waiheke Island based community group, filed an application with the Court of Appeal asking the Court to hear its appeal against a marina planned for Kennedy Point, Waiheke Island.

At the heart of its case is a claim by SKP that Auckland Council provided consent for the marina resource application without hearing from the Ngāti Pāoa Trust Board (Trust Board), the mana whenua representative for Ngāti Pāoa in respect of Resource Management Act matters.

The Trust Board strongly opposes the marina based on its concerns about the likely adverse effects of the proposed marina on Ngāti Pāoa’s cultural values. This includes concerns that the proposed marina site is wāhi tapu as it represents a sacred place to Ngāti Pāoa.

While the case has involved unsuccessful applications and appeals to the Environment Court and the High Court, SKP is now asking the Court of Appeal to intervene in the matter and to order a rehearing so that the Trust Board’s cultural concerns can be properly considered.

SKP Chairperson David Baigent says “In 2014 Auckland Council decided to remove the Trust Board from its mana whenua database. The effect of that was that the Trust Board’s right to be heard was effectively denied to it. For the last 3 years, SKP has been fighting for the Trust Board’s right to be heard, for Ngāti Pāoa’s concerns to be given due consideration by Council and the Courts, and to protect Waiheke Island and the Hauraki Gulf from a marina development that may further destroy our fragile and precious environment. SKP believes taking this important fight to the Court of Appeal is the right thing to do.”

If the Court of Appeal grants leave to SKP for its appeal, SKP is hopeful that the Court will order a rehearing, which will mean the Trust Board will finally have an opportunity to put forward concerns on behalf of Ngāti Pāoa about the potential adverse cultural effects of the marina.

Ms Donella Roebeck Chairperson for the Trust Board says “Ngāti Pāoa is kaitaki of Waiheke Island. As guardians of Waiheke Island, the Trust Board has a duty to protect the cultural values and assets of this important whenua, kātao and wairua. Where the developer wants to put the marina is wahi tapu, it is sacred. We won’t allow our wahi tapu to be disrespected or for Ngāti Pāoa’s cultural values to be stolen from us again.”

“If we allow this developer to come in and just take our foreshore, we won’t have anything left for our future generations, we would be insulting our ancestors who sacrificed so much already. We stand together, side by side with SKP, we’re not asking for much, only that the Council and the Court listen to us and then determine whether the resource consent should be granted. We believe that the resource consent will be declined which is why the Developer is so scared for the Courts to hear from the Trust Board.” says Ms Roebeck

The Court of Appeal will first have to decide whether to grant SKP leave to appeal. SKP must satisfy the Court that its appeal is of general or public importance or that a miscarriage of justice may occur if the appeal is not heard.

“This case is important to all Māori in Aotearoa, not just Ngāti Pāoa. The right to be heard and to natural justice is something that all iwi should be guaranteed and afforded. If iwi entities are removed from a Council’s mana whenua database, then Council should expect that those iwi may ask to be heard on resource applications that they have previously been excluded from. The principles of the RMA and the Treaty of Waitangi must be given real effect” says Mr Baigent

After receiving any notices of opposition the Court of Appeal will set the matter down for a hearing (in person or on the papers) to determine whether leave is granted. If leave is granted the matter will be timetabled for a substantive hearing of SKP’s appeal points.

“Mana whenua have a right to be heard, they have a right to natural justice - ultimately that and the protection of our environment is what SKP’s appeal is all about. We hope that the Court of Appeal affords the Trust Board that opportunity. For SKP this case is about standing up for what is right, and about standing on the right side of history” says David Baigent.

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Pike River Recovery: Loader Driven By Russell Smith Recovered


A loader driven by former miner Russell Smith at the time of the Pike River Mine explosion has now been recovered from 1581m up the 2.3km drift access tunnel.
The recovery of the loader went smoothly and to plan. Pike River families were able to witness it being towed to a storage area, Chief Operations Officer Dinghy Pattinson says.
“We reached the loader at the end of last week, and then conducted a very deliberate and exacting forensic examination of the vehicle and operational zone... More>>

 

E-Cigarettes: Vaping Legislation Passes

Landmark legislation passed today puts New Zealand on track to saving thousands of lives and having a smokefree generation sooner rather than later, Associate Health Minister, Jenny Salesa says. The Smokefree Environments and Regulated Products (Vaping) ... More>>

ALSO:

Housing: Government Delivers On Rental Reforms Promise

The Government has delivered on its promise to New Zealanders to modernise tenancy laws with the passing of the Residential Tenancies Amendment (RTA) Bill 2020 today, says Associate Minister of Housing (Public Housing), Kris Faafoi. “The Residential ... More>>

ALSO:

National: $4 Billion Investment To End Wellington’s Congestion Woes

A National Government will invest another $4 billion in transport infrastructure across Wellington, igniting the economy and delivering the congestion-busting solutions the region has long been crying out for, National Party Leader Judith Collins says. ... More>>

ALSO:

Gordon Campbell: On The Virtues (and Fluffed Opportunities) Of The Operation Burnham Report

One unspoken rule of thumb in any official public inquiry is : whatever you do, don’t conclude you were made to listen to “a litany of lies” even if the evidence of a deliberate cover-up is right there under your nose. In that respect, the report ... More>>

ALSO:

Office Of The Speaker: Parliament Is Revamping Its Rules

Today, the Standing Orders Committee’s report on the review of Standing Orders was presented to the House. The Speaker of the House, the Rt Hon Trevor Mallard, chairs the committee. He said today that the 2020 review will make our rules more ... More>>

Your Vote 2020: Bringing Election Coverage To Viewers Across TVNZ Channels And Platforms

As New Zealand gets ready to head to the ballot box this September, 1 NEWS is bringing voters comprehensive coverage and analysis of this year’s General Election. TVNZ’s coverage will draw on the depth of experience held across the 1 NEWS team, says Graeme ... More>>

Economy: 30% Believe Households Worse Off, 298,000 Expect To Lose Jobs

64% of New Zealanders feel the economic position of their households is the same or better than a year ago – and 30% think it is worse or much worse, while 298,000 think they will lose their jobs in the next 12 months. Households’ perceptions ... More>>

State Services Commission: Findings Of Investigation Into COVID-19 Active Cases Privacy Breach

Deputy State Services Commissioner Helene Quilter has today announced the findings of an investigation into a breach of privacy regarding sensitive personal information. The investigation looked into who or what caused the disclosure of the information, ... More>>

International Security: New Zealand Suspends Extradition Treaty With Hong Kong

The New Zealand Government has suspended its extradition treaty with Hong Kong and made a number of other changes in light of China’s decision to pass a national security law for Hong Kong, Foreign Affairs Minister Winston Peters says. More>>

ALSO:

Energy: 100% Renewable Electricity Grid Explored With Pumped Storage ‘battery’

The Government is taking a significant step toward its goal for 100% renewable electricity generation in a move that could be a game changer for consumers and the creation of a low-emissions economy, Energy & Resources Minister Megan Woods said. ... More>>

ALSO:


 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 


 

InfoPages News Channels