Barge arrived at Kennedy Point, ready for the project to start. Photo / supplied
A barge has arrived for construction of Waiheke Island's first commercial marina despite opponents saying their latest court challenge to try to stop the project was yet to be heard.
A barge with a crane is now at Kennedy Point on the island, ready to start work building the 186-berthmulti-million dollar Kennedy Point Marina. Berths start from $180,000, depending on their location and how long they are and more than 100 have already been pre-sold before building.
A karakia was said yesterday to mark the project's start.
But opponents SKP Inc [previously Save Kennedy Point] said yesterday its Supreme Court case was awaiting a hearing and they expressed disappointment about the barge arriving.
Asked why construction was starting before the pending case, barrister Kitt Littlejohn - acting for the marina business - said that was because Kennedy Point Boatharbour holds resource consent to build the marina and that consent was not under challenge.
Kennedy Point Boatharbour said yesterday a dawn blessing signified the start of construction of New Zealand's first island marina.
Kaumātua Harley Wade from Ngāti Pāoa did the blessing with others from the iwi, Kennedy Point Marina and Heron Construction, the business said.
Ngāti Pāoa kaiārahi Haydn Solomon said: "Kennedy Point Marina will be unique in New Zealand because all of its structures, except the access wharf, will be floating. No initial dredging or ongoing maintenance dredging will be required.
"There will be no reclamation at this site. But best of all, unlike other New Zealand marinas, Kennedy Point Marina will leave the foreshore untouched, making it a large sheltered area for public recreation. We have been working alongside the Kennedy Point Marina team since 2016 and look forward to seeing the positive impact we believe the new marina will bring to our whānau and the wider community of Waiheke," Solomon said.
After the blessing, a barge was secured about 50m from the shoreline.
"This barge marks the first visible sign of on-site construction," the business said.
Off-site casting of pontoons started at Heron Construction's factory in Whangarei late last year. Finished components will be towed to Kennedy Point by tug to minimise disruption to local residents, the marina business said.
"In the lead up to on-site construction, specialist environmental ecologists have undertaken two inspections looking for any signs of active little blue penguin nests that may be in the area. A third inspection with a penguin detection dog was scheduled for last week but was been delayed till early April because of Auckland's alert level 3.
"No work on the seawall or land will have taken place prior to this visit."
Scott Fickling, marina project manager said; "Once this third inspection has taken place, our external environmental ecologists will prepare a report with their findings so that we can ensure any penguins that are suspected to inhabit the area within the construction footprint are protected.
"Our induction process for all on-site construction workers will involve a briefing around protecting local kororā. This will include regularly checking for any signs of penguins and reporting these immediately. We have in place strict protocols which are designed to keep local marine and bird life safe in line with our granted consents."
Tony Mair, Kennedy Point Marina project director thanked Ngāti Pāoa for the blessing and support.
"We are thrilled to finally be starting on-site construction and being one step closer to bringing New Zealand's first island destination marina to life," Mair said.
But SKP was unhappy about the barge arriving in the bay.
"Waiheke residents woke to the unexpected, unsightly arrival of a marina construction barge. This comes only a day after the developer, Kennedy Point Boat Harbour and Auckland Council filed submissions to oppose SKP Inc's marina appeal with the Supreme Court," SKP said yesterday.
"So while the fate of the Kennedy Point Marina is still uncertain and is being challenged, KPBL has decided to occupy Kennedy Point Bay and commence construction of the marina, which may still have its resource consent overturned and declined."
A mana whenua engagement plan with Ngati Pāoa iwi and a biosecurity management plan were needed, SKP said.
"And yet when the construction barge arrived at Kennedy Point Bay, it was being washed at Kennedy Point Bay with the potential of run-off of cleaning product, anti-foul, contaminants and barge material to be washed directly in to our precious Kennedy Point Bay."
SKP would pursue its Supreme Court case "and will continue to fight for the right of the trust board as the mandated representative of Ngāti Pāoa to be heard".
In 2016. Auckland Council granted consent. SKP appealed that to the Environment Court but was refused and the consent was upheld.
SKP went to the High Court asking for permission for a rehearing in the Environment Court on the basis of having new evidence. The High Court said no.
So it went to the Court of Appeal which also said no.
Now, SKP is going to the Supreme Court to get the High Court ruling overturned and allow it to go back to the Environment Court.
David Baigent of SKP said late last year the organisation hoped for a result by around April and he indicated SKP was well-resourced to carry out this half-decade stoush.
"We are funding this by donors coming up to us and putting serious financial skin in the game."