The Pūtiki Bay occupiers, who have been at the site since Tuesday 9 March, have vowed to stay “indefinitely” despite SKP’s Supreme Court setback. Photo Erin Johnson

The Supreme Court on Tuesday turned down SKP Inc’s December application to appeal a June 2020 decision from the High Court at Auckland.

Kennedy Point Marina director Kitt Littlejohn said the company was pleased the Supreme Court ruled in its favour, however, its main focus was around bringing its vision for Kennedy Point Marina to life for the benefit of everyone within the Waiheke community, not just boaties.

The decision comes after the Court of Appeal last year refused an application from SKP Inc to appeal the High Court judgment.

SKP Inc chief executive Sebastian Cassie said he was incredulous that although the Supreme Court acknowledged Auckland Council had failed to comply with a 2009 Maori Land Court order and failed to directly notify Ngāti Pāoa Trust Board of the resource consent for the marina when it should have, the court was not able to acknowledge the miscarriage of justice that Ngāti Paoa had suffered as a result of that unlawful conduct.

• Erin Johnson

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