25/09/2025
UPDATE ~ The Judge will be making their decision over the next few months possibly into 2026... we'll keep you posted! 🐧
🌊 🧜🏽♀️ Protectors of Pūtiki Bay go to High Court to argue rights under tikanga ✊🏽⚖️
Three protectors of Pūtiki Bay are having their day in the Auckland High Court on Monday 29th September to argue that, under tikanga Māori, they were right to put their bodies on the line to stop construction of the Kennedy Point Marina.” now known as Waiheke Marina.
“The appellants acted in accordance with kaitiatikanga - the Māori ethic of guardianship - in taking action led by mana whenua to protect Pūtiki Bay, and in particular the colony of at-risk kororā (little blue penguins) who now live beside the marina.”
Their lawyers, Jessica Reid, Scott Fletcher and Sam Vincent, have appealed the District Court’s findings that their clients are guilty of wilfully trespassing in the marina construction area in 2021.
The case raises the issue of Māori customary rights in the takutai moana (coastal marine area). These rights were extinguished under Labour’s Foreshore and Seabed Act in 2004, before being restored through agreement between National and Te Pāti Māori with the Marine and Coastal Area Act 2011.
Protect Pūtiki spokesperson and appellant Julanne Astarte Luz said: "Under the guidance of mana whenua we were protecting Pūtiki Bay in accordance with kaitiakitanga. No marina should be forced into this taonga. It's loss is not only for iwi, but for the entire Waiheke Island community."
In further proceedings over the marina, last year the Court of Appeal recognised that the Ngāti Paoa Trust Board, which has consistently opposed the marina, should have been notified by Auckland Council of the marina’s resource consent application in 2016.
Court will be in session from 10AM
All welcome, nau mai, haere mai!
🖤🤍❤️
📸 ⚡️Hikoi to High Court 26 January 2022