SKP Incorporated is taking its legal fight against the granting of consent for a marina at Kennedy Point to the Supreme Court.
On Wednesday 23 December, the community group filed its notice of application in the Supreme Court of New Zealand for leave to bring a civil appeal and extend the time period for bringing the application.
SKP is appealing the 2 December decision of the Court of Appeal, which followed appeals to the High Court and Environment Court of Auckland Council granting consent for the marina in May 2017. The Supreme Court is the highest court in New Zealand and appeals can only be heard where the court is satisfied the appeal is necessary in the interests of justice.
The group filed its application buoyed by a decision from the Māori Appellate Court on 10 December that found Auckland Council had been wrong to engage with Ngāti Pāoa Iwi Trust from 2013 in matters of the Resource Management Act and Local Government Act.
The court found that, at the time, there was an order in place from the Māori Land Court specifying that the Ngāti Pāoa Trust Board had mandate for such matters.
The Māori Appellate Court decision states that: “On its terms the order binds a consent authority to recognise the representative capacity of the Trust Board in relation to the Resource Management and Local Government Acts.” • Erin Johnson
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