Some supporters of the incorporated society SKP that appealed to the Environment Court to prevent a marina being built at Kennedy Point may end up having to pay court costs out of their own pockets if the developer has its way.
SKP Inc’s Environment Court appeal against earlier Auckland Council planning approval for the project commenced in late February this year before Judge Laurie Newhook and two commissioners, and in May the court confirmed Kennedy Point Boatharbour Limited’s resource consent to construct a marina at Kennedy Point Bay, dismissing the SKP Inc appeal.
Following the judgment, the developer filed applications seeking costs of more than $102,000 from 15 original opposing submitters. Only if KPBL is unsuccessful in that application does it seek those costs against SKP Inc. KPBL argues that the 15 individual Waiheke residents should not be able to have the benefit of the protection usually afforded to incorporated societies, but should instead have to pay costs out of their own pockets, says SKP Inc spokesman David Beignet. • Liz Waters
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