Prosecution possible over little blue penguin deaths

Wednesday, 20 September 2023

Work on the $312m shared pathway between Petone and Ngauranga stopped in August due to the death of three penguins.

Waka Kotahi is facing possible prosecution over the death of kororā/little blue penguins linked to a Wellington Harbour construction site.

Greater Wellington Regional Council confirmed it is investigating and charges under the Wildlife Act may follow, while advocacy group Forest & Bird is calling for an independent inquiry

The $312m Ngā Ūranga ki Pito-One project includes a seawall and shared pathway on the seaward site of the railway line between Petone and Ngauranga.

The call for an investigation comes after the sudden resignation of an ecologist working on the project. Forest & Bird believes five kororā have died due to construction.

Waka Kotahi, the lead agency, recently acknowledged three penguins had died in August. In June, it noted another had been found away from the construction area, on State Highway 2.

A fifth bird, relocated to Eastbourne, was killed by a dog the day after the move.

Listed as a protected species under the Wildlife Act, kororā are the world's smallest penguin, weighing in at about 1kg and standing just over 25cm tall.

Forest & Bird regional conservation manager Amelia Geary said the kororā population in Wellington Harbour was small and every death was a tragedy.

Greater Wellington is responsible for monitoring the project’s resource consent, including its conditions.

Four deaths had been reported to the regional council, group manager of environment Lian Butcher said.

A bird protection plan is a condition of the consent to ensure the effects on kororā are being managed.

The project is required to submit a report within seven days of the death of a penguin. Greater Wellington had not received any for the three penguins killed in August, Butcher said.

A decision regarding enforcement action would be made once the report was received. The Department of Conservation (DOC) has the power to prosecute.

Correspondence between the DOC and the regional council reveals that concern about the penguin killed in June resulted in a review of procedures.

Waka Kotahi noted it had occurred away from the construction site.

An email from a Waka Kotahi ecologist to Greater Wellington noted the dead bird “was likely one that has been displaced due to the habitat” modification.

“On a personal note, this has been a really tough day and one that I’ve tried my best to avoid from happening.”

Greater Wellington ecologist Roger Uys noted he had previously recommended fencing that would have prevented penguins from accessing the rail corridor and state highway.

The barrier had not been erected soon enough to stop the death. The death resulted in a memo by an ecologist, a planner and ornithologist making wide-ranging recommendations.

The three kororā killed in August led to the site being shut for an extended period.

In a written response, Waka Kotahi infrastructure delivery general manager Brett Gliddon said the penguin deaths were taken seriously and there is an ongoing investigation into the recent deaths.

It was providing information and working closely with DOC around its inquiries.

Protecting the birds was built into the project consents and additional measures and steps had been taken to ensure they were protected, he said.

Gliddon said he could not comment on the resignation of the ecologist as it was an employment matter.

Forest & Bird’s Geary was concerned not enough was being done to protect kororā.

“They need to step up and prove they have taken steps to stop this happening again.”

DOC’s Kapiti-Wellington operations manager Angus Hulme-Moir confirmed five penguin deaths have been reported to the department since the project began.

It would be inappropriate to comment further while an investigation was under way, he said.