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SKP files Court Of Appeal submissions

SKP filed its appeal submissions on 24 August 2020 with the Court of Appeal (COA). A copy of SKP’s submissions can be viewed at here.

This represents an important milestone for SKP in its bid to have the COA provide it with leave to appeal the Kennedy Point marina resource consent and to ultimately have the matter reheard (based on Māori cultural issues).

SKP’s submissions set out the substantive and persuasive case for SKP’s leave application and include the:

  1. strong emphasis on obligations under the Treaty of Waitangi (as provided for in Part 2 of the Resource Management Act);
  2. procedural and substantive rights of iwi representatives and entities to be heard and to be accorded natural justice;
  3. tangible implications and effects on iwi representatives of a Council’s unilateral decision
  4. to remove an iwi representative from its mana whenua register;
  5. critical importance of Māori and iwi participation in the RMA and resource consent application process.

SKP is of the view that the case involves matters of general and public importance and will likely have significant implications for other iwi and iwi representatives throughout Aotearoa. As such, SKP anticipates that the case will set important legal precedent.

Following SKP’s written submissions, the Developer, Kennedy Point Boatharbour Limited, and Auckland Council are required to file their written reply submissions by Monday, 14 September 2020. Followed by SKP’s response which is due to be filed by Monday 28 September 2020.

The Court of Appeal will then determine SKP’s Application for Leave on the papers by two Judges sitting at the Court of Appeal in the week of 12 October 2020 (no oral hearing and no appearances before the COA will be required).

SKP would like to thank its supporters, members, and the wider Waiheke and New Zealand community for their continued support and encouragement. We also wish you all good health and resilience during this difficult Covid-19 times. While 2020 has been a challenging year for everyone, it has been a poignant reminder to organisations like SKP that the long and difficult battle to save our environment and our planet is one worth fighting for and one we cannot give up!