SKP Files Applcation to Recuse Judge

RECUSE
transitive verb
to disqualify (oneself) as judge in a particular case broadly : to remove (oneself) from participation to avoid a conflict of interest.

Earlier this week, SKP filed an application for His Honour Judge Newhook to recuse himself from SKP’s rehearing application.

This decision was one that came after long and careful consideration, but in the end SKP felt that the only way it is able to get a fair hearing and for natural justice is for its Rehearing application to be heard by another judge. The main ground for SKP’s Recusal Application is that the a fair minded observer would reasonably apprehend that His Honour may not be able to bring an impartial mind to the resolution of SKP’s Rehearing application - for various reasons as identified in the Recusal Application and supporting affidavit of Thomas Greve.

His Honour has listed the Recusal Application for hearing on Tuesday, 17 September 2019.

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SKP’s Bold Fight For Justice Receives Support From The High Court - Friday 26 April 2019

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,

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Last Chance Environment Court and Sun Kissed Picnic Wednesday, 24 January 2018, 12:04 pm

Court Appeal Last Chance for Waiheke Community Group to Save Island’s Treasured Environment and Culture From Destructive Marina Development

Kennedy Point, which forms part of Putiki Bay on Waiheke Island, is a beautiful quiet bay surrounded by pohutukawa trees, with clean sea water and oysters that have historically been collected by local iwi and island residents. There’s a breakwater used for fishing, and a friendly beach frequented by families and visitors keen to swim in waters that are also home to the little blue penguin. Although close to the island’s only car ferry, that construction seems far apart from the peaceful beach and giant old tree with its roots trailing into the water of the bay. It is quintessentially, quietly Waiheke, with a cultural and historical significance, and where many generations of families have come to gather food and to enjoy.

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It is with great sadness that we e-mail you. Kennedy Point Boatharbour Ltd’s application to build a marina has been approved by the Council’s commissioners.

SKP feels that this design is out of character with the rest of Waiheke. It also represents the beginning of gentrification for the island.
After obtaining legal advice, the group have decided to appeal to the Environment Court. Watch this space.

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