Rush to protect penguins at Waiheke's Kennedy Point as developers move in

Monday, 12 April 2021

With legal avenues exhausted, the protectors at Kennedy Point say they've no choice but to occupy the beach.

Protestors in kayaks blocked the path of a construction barge at Waiheke’s Kennedy Point on Monday morning to stop work which they say could harm little blue penguins.

Dozens more protectors organised a sit-in on the rock breakwater where kororā have burrows.

Their aim was to stop the first stage of construction for the controversial 181-berth Kennedy Point marina, which campaigners have been fighting through the courts since 2017.

Karen Saunders, general manager of Native Bird Rescue on Waiheke Island, said the developers’ plan to move rocks from the breakwater could lead to penguins dying.

Emily Māia Weiss, one of the Kennedy Point occupiers, preventing the barge from reaching the breakwater.

* Kennedy Point protectors say occupation is only option to stop Waiheke marina

* Construction starts on controversial Waiheke marina despite ongoing court battle

Disturbing the penguins’ burrows could make them “run in terror,” she said. For kororā moulting late in the season, that could lead to them drowning.

The Waiheke community was mobilised on Monday morning by calls to protect the kororā.

Campaigners against the marina have plastered the surrounding area with placards and paintings.

Emily Māia Weiss (Ngāti Pāoa) is one of the occupiers who has been at Kennedy Point full-time for more than a month.

When workers arrived by boat on Monday morning, kayakers paddled out in Pūtiki Bay to get between the barge and the breakwater, while between 30 and 40 people gathered on the rocks “talking, having our breakfast”.

“It felt like the first time they had seen the power of the people who will come to protect the penguins,” she said.

She stressed that the action wasn’t just about finding a temporary solution to protect the penguins, but stopping construction completely.

“The whole marina will be detrimental to kororā,” she said.

The developers intend to remove rocks from the breakwater, but campaigners say that could harm nesting penguins.

Ngāti Pāoa kaitiaki Karla Allies, who is also occupying the beach, said it was an “emergency situation”.

The developers’ plans were “endangering our taonga,” she said.

A hui will take place on Wednesday, she said, bringing together mana whenua for the island Ngāti Pāoa, DOC, Auckland Council, the developers and other interested parties.

In a statement, Ngāti Pāoa Trust Board representatives Allies and Danella Roebeck said the Trust Board had declared the area wāhi tapu and had issued developers with a trespass notice.

Protesters outside the developers’ office on the 31st day of occupation.

As well as being concerned for the kororā, they said the work breached the recent rāhui placed over the foreshore and seabed.

“Ngāti Pāoa are resolute as mana whenua mana moana, we will continue to stay in occupation until the barge leaves Waiheke Island.”

Kennedy Point Marina project manager Scott Fickling said the developers were “committed to protecting” the penguins.

He said external consultants’ inspections indicated the likely presence of two burrows within the construction footprint and two more close by.

A plan was being submitted to Auckland Council about how they will manage the removal of the rocks in the areas around the burrows.

Amanda De Jong, manager for compliance monitoring at the council, said making sure the penguins were looked after was one of Auckland Council’s priorities when issuing consent for the project.

There were a range of practical requirements, including monitoring, inspection and marking of burrows and limiting construction hours during their breeding season.

Saunders called the monitoring of the penguins “insufficient”.

The initial surveying was done in daylight, but she said penguins “have to be invisible to survive,” so it was unsurprising there was little sign of them.

Last week, sniffer dogs were brought down. Despite it being after a king tide when indications may have been washed away, the dogs found more than 30 indications of kororā, she said.

“That points to there being a significant colony in the rockwall.”

Kennedy Point Marina director Kitt Littlejohn said the works that were scheduled for Monday were not taking place near any potential burrows. They were put on hold due to tidal restrictions and health and safety concerns, he said.

He said the rocks that are being moved represent 5 per cent of the breakwater area and will be returned to their original place within three weeks.

“Claims that the entire rockwall will be demolished are simply not true,” he said.

Professor John Cockrem from Massey University’s school of veterinary science is a kororā expert who has worked with construction projects, including at Napier Port, on protecting penguins.

He has been approached about working on the project, but has not visited the site or reviewed documents related to it.

But he said generally it was important for developers to work closely with locals who have knowledge of the particular environment.

It was also important to have professionals who have experience working with penguins on-hand while work was being carried out.

The work should also be seen as an opportunity to deliver a “net positive” for the birds, he said, and the developers should look at things that go beyond the particular footprint of the project that would benefit the penguin population.

He recommended construction was halted while an independent assessment was carried out and provisions made for the penguins, saying this could take several weeks.