A little blue penguin expert is concerned kororā made homeless by a marina development on Waiheke Island are trying to nest amid the construction.
The native kororā, or little blue penguins, have been spotted at Kennedy Point marina searching for somewhere safe to make their home.
Massey University's kororā biologist professor John Cockrem is concerned about their wellbeing.
He said the construction activities at Pūtiki Bay were having adverse effects on kororā.
"Once it became apparent how many penguins live in the rock wall, at that point it was very clear that Pūtiki Bay is not an appropriate place for a marina."
Prof Cockrem said it was an offence to knowingly disturb native wildlife.
"The construction activities are doing exactly that, they are knowingly disturbing and having adverse affects on the penguins."
In 2017, Auckland Council gave resource consent to Kennedy Point Boatharbour to build a luxury marina right next to the burrows of kororā.
Protesters have gathered around the marina construction site on Waiheke Island, where developers are removing rocks from part of an artificial wall that kororā live and nest in.
"Kororā, the little blue penguins are now engaged in breeding activities such as pair formation, pair bonding, nest building and defending nest sites against other birds," Prof Cockrem.
"All of those breeding activities are underway and those activities will continue to be adversely affected by the construction work."
Kennedy Point Marina director Kitt Littlejohn disagreed, saying works were deliberately scheduled to take place outside the breeding season.
"All works are being undertaken in accordance with the robust procedures in our Kororā Construction Monitoring and Management Plan to ensure adverse effects on the kororā are avoided."
Auckland Council is still facing scrutiny following a social media post by Protect Pūtiki, a conservation group whose members are opposing the Kennedy Point marina being built.
Protect Pūtiki spokesperson Bianca Ranson has been observing kororā for the past 15 months at Pūtiki Bay and was worried they will not survive.
"These are one kilogram little penguins living in an active construction zone with heavy machinery and piles of concrete slabs that are being moved around and yet, they expect that a one kilogram penguin that's breeding at the moment will withstand it," Ranson said.
Department of Conservation awaiting evidence
Department of Conservation acting director Helen Neale said they would investigate if evidence of disturbance was provided.
So far, Neale said there had been no evidence of significant disturbance to kororā.
"We do not expect breeding will be significantly affected by the remaining construction works which are away from the rock wall," Neale said.
"Now that rock movement and piling in the vicinity of the breakwater is complete, the presence of kororā on site and their potential breeding activity is a desired outcome."
Auckland Council licensing and regulatory compliance general manager James Hassall said the council's role was to monitor that the consent holder was complying with the conditions of its resource consent.
"We are committed to ensuring all conditions, including the certified Kororā Construction Monitoring and Management Plan, are adhered to through regular monitoring and on-site inspections. This will continue throughout the development of the Kennedy Point marina," Hassall said.
On 27 May, Ngāti Paoa Trust Board issued a statement saying it has filed an appeal with the Court of Appeal around the granting of the resource consent.
Trust Board chairperson Danella Roebeck said it was fighting for the right to look after the kaitiaki of Waiheke Island.
"The only way we can begin to right the wrongs that have been committed against Ngāti Paoa and Waiheke is by having those who did us wrong held to account."
Auckland Council was aware of the recent appeal filed with the Court of Appeal but was unable to comment further while it was before the court.
Completion of the Kennedy Point Marina is scheduled for mid-2023.
The kororā is the world's smallest penguin and it's native to New Zealand, their population is decreasing as urbanisation increases.