10,000 signatures reached
To: Ministry for the Environment, MPI, DOC, NRC, FNDC, MBIE, The NZ Government
Protect Waipiro Bay: Do not fast-track approve the proposed 200–250 Berth Marina
We call upon the responsible Ministries and their respective Ministers to decline Application FTA229 and refer it to the standard Resource Management Act (RMA) consent process, where robust environmental assessment, public participation, and mana whenua engagement are properly upheld.
Submitted on 3 May 2024, the application to build a 250-berth marina is fundamentally flawed and fails to meet key eligibility criteria required for referral and approval through the Fast-Track process. It also breaches legal, environmental, and cultural requirements under both the Fast-Track Approvals Act and the Resource Management Act (RMA).
It further ignores matters critical to our community, our vulnerable environment, our cultural landscapes and our way of life in the Eastern Bay of Islands.
The proposed Waipiro Bay Marina development is based on a flawed and misleading economic assessment. The application inflates projected demand and misrepresents existing data.
Currently, Northland is home to nine marinas with a combined total of 1,575 berths. An additional marina is under construction in Whangārei, which will initially provide space for 117 vessels, with spaces still available. Also, according to NRC data, 46 berths are currently vacant and available across Northland, including 20 at the nearby Ōpua Marina-just a 49–56-minute drive from Waipiro Bay. Many of these berths remain vacant throughout the year and are being offered at discounted rates due to persistently lower demand than previously anticipated, which is a clear regional trend the proposal fails to acknowledge.
In addition to marina availability, Waipiro Bay already accommodates 62 moorings, with neighbouring Parekura Bay holding a further 69. These have been introduced incrementally over time, allowing the local community and natural environment to adapt without overwhelming visual or ecological disruption.
By contrast, the proposed 250-berth marina would nearly triple the current number of vessels in the area—from 131 to 381—an increase of over 80%. This would result in a sudden and dramatic escalation in boat traffic and density, significantly altering the visual landscape and placing immense pressure on the marine ecosystem. The adverse environmental consequences—particularly to biodiversity, water quality, and the ecological balance of the inlet—would be immediate and long-lasting.
Critically, the application also bypasses public consultation, Māori landowners of whenua Māori around the proposed development site and inlet, denying local residents and mana whenua the opportunity to meaningfully participate in decisions about the future of this coastal taonga. It disregards Māori rights and interests protected under Section 7 of the Fast-Track Approvals Act, including obligations relating to Treaty settlements and recognised customary rights.
Furthermore, the proposal fails to meet the criteria outlined in Section 22 of the Fast-Track referral criteria of the Act, which require projects to demonstrate clear and significant national or regional benefits and alignment with strategic priorities, such as support for primary industries (Section 22 (2) (v)). Notably, the proposed marina site is located within an aquaculture exclusion zone—where aquaculture operations are not permitted—placing it in direct conflict with established regional planning provisions.
We call for this proposal to be declined under the Fast-Track process and instead referred to the standard Resource Management Act (RMA) consent pathway, where robust environmental scrutiny, public participation, and mana whenua engagement are guaranteed.
The proposed development does not address local iwi and hapū concerns and does not consider the potential impacts on local hapū and Iwi in accordance with the Marine and Coastal Area (Takutai Moana) Act (MACA).
If Application FTA229 is referred by the Minister to an expert panel under Schedule 2 of the Fast-Track Approvals Act and subsequently approved, the Government risks breaching multiple legal and constitutional obligations. These include statutory duties under the Resource Management Act, particularly those relating to environmental protections, planning consistency, and public participation (Section 6 (a, b, e & f), Sections 12 & 17). It would also contravene key provisions of the Fast-Track Approvals Act itself—specifically Section 7, which upholds Māori rights, Treaty settlements, and recognised customary interests, and Section 22, which requires that projects demonstrate clear, significant, and regionally or nationally beneficial outcomes aligned with strategic priorities. Furthermore, proceeding with this application in its current form would be inconsistent with the principles of Te Tiriti o Waitangi, including active partnership, meaningful participation, and protection of our taonga. It would override existing regional planning instruments—such as aquaculture exclusion zones—without proper due process, setting a dangerous precedent for coastal development and undermining the integrity of New Zealand’s environmental and planning framework.
Why is this important?
What are some of the impacts of the proposed development?
Ultimately, this development must be stopped. A project of this scale—with serious cultural, ecological, and social implications—requires transparent, evidence-based decision-making that respects both the environment and the communities who call this place home.
The proposed marina would cause irreversible damage:
- To the Treaty partnership between the government, mana whenua and hapū
- Destroying areas of cultural harvest significance
- Eliminating native wildlife habitat, including that of high-risk species
- Altering the ecological and visual landscape of Waipiro Bay
- Privatising 9 hectares of public marine space
- Extinguishing customary food-gathering areas
Shockingly, the application lacks basic environmental assessments, including:
- An Ecological Survey
- A Hydrology Survey
- A Cultural Impact Assessment
- A robust Assessment of Environmental Effects (AEE)
- Robust community input and engagement
Waipiro Bay is not just water—it is our taonga, a source of identity, sustenance, and intergenerational connection. We cannot protect our culture, pataka kai, and wildlife without proper evidence and an inclusive process.
This development must return to the proper consent pathway, so the voices of the Bay of Islands are heard.
To our community: Let’s stand together to protect our waters, kai sources, wildlife, and future.
Sign the petition to stop this harmful development and safeguard Waipiro Bay for generations to come.
What is the proposal?
A local family with a commercial arm has proposed to build a 250+ berth marina. This marina is intended to service a wide range of vessel sizes. The proposal claims that the marina will benefit the public by:
What is the proposal?
A local family with a commercial arm has proposed to build a 250+ berth marina. This marina is intended to service a wide range of vessel sizes. The proposal claims that the marina will benefit the public by:
- Reducing traffic at Te Uenga Boat Ramp
- Providing potential key utilities (note – these are already available at the Opua marina);
- Providing retail services.
In summary, the proposal appears to provide mere convenience for a small portion of the community and does not provide a significant benefit at a regional or national level.
What is required to approve Fast Track?
Under the Fast-Track Approvals Act, the following considerations are made when determining whether to approve fast track of a consent application:
- the project is an infrastructure or development project that would have significant regional or national benefits; and
- referring the project to the fast-track approvals process –
- would facilitate the project by enabling it to be processed in a timely and cost-effective manner; and
- is unlikely to materially affect the efficient operation of the fast-track approvals process.
In considering whether to refer the application to the fast-track approvals process, the relevant Minister must consider the following:
- Whether the project would be inconsistent with a Treaty settlement or a joint management agreement;
- whether it would be better dealt with under other legislation;
- whether the project has significant adverse effects on the environment;
- whether the project area includes land that is considered necessary for a Treaty settlement process.
Because Waipiro Bay is more than just a piece of coastline—it’s part of who we are.
Here’s why it matters:
- Waipiro Bay is a taonga, home to rich marine life, cultural traditions, and a close-knit community.
- The Eastern Bay of Islands have been kept free of large-scale commercial development to preserve its scenic beauty and natural value. Maintaining its natural integrity is the best long-term economic and ecological value to the public.
- The proposed marina would privatise public water, destroy customary food-gathering areas, and alter the bay forever.
- The application bypasses due process, silencing local voices, ignoring Māori rights, and skipping essential environmental protections.
- We have the evidence: demand for marina berths is low, and this project offers no proven regional or national benefit.
- The sharp rise in boat density will further strain the already over-saturated Eastern Bay of Islands.
- The economic benefits will go solely to the developers, with no meaningful revenue such as rates going to Council or the public. Instead, the marina will increase infrastructure costs, adding pressure to already limited Council resources.
References
MAC-01-01-076: Ngāti Kuta and Patukeha ki Te Rawhiti/ CIV-2017-485-321.