Arrests at Waiheke's Kennedy Point as fight to protect penguins escalates
Thursday, 17 June 2021
Three people have been arrested at Waiheke’s Kennedy Point during protests against marina construction work.
Protectors have been occupying the beach for more than three months, regularly positioning themselves on the rock breakwater and on the water in kayaks to prevent work taking place.
Their aim is to halt construction work they say would harm the kororā, or little blue penguins, that nest in the rocks.
The arrests were made in relation to trespass, Inspector Dave Hines said in a statement.
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On Thursday morning, beach occupier Emily Māia Weiss (Ngāti Pāoa) told Stuff about 26 police officers and eight security guards were at the site.
The contractors planned to extract 25 rocks from the breakwater, she said.
“But these rocks are part of the penguins' habitat,” Weiss said.
Hines said there had been “ongoing issues” between demonstrators and developers at the marina site.
Some protectors had previously been trespassed from the construction zone, including the water.
“Police recognise the lawful right to protest, however we also recognise the right of people to go about their lawful business,” Hines said.
The protectors, gathering under the umbrella group Protect Pūtiki and led by uri o Ngāti Pāoa (descendents of Ngāti Pāoa), are petitioning the Government and Auckland Council to step in.
The petition, which has already been signed more than 10,500 times, asks Auckland Council and the ministers for environment and conservation to instigate a review of the consent for the 181-berth marina.
The action on the beach follows four years of court battles which were brought to a close when campaign group Save Kennedy Point (SKP) came to a settlement with the Kennedy Point Marina developer.
Video from the site on Thursday morning showed a digger on a barge in the water appearing to move rocks from below the waterline.
The developer has committed to not doing any construction work above the average sea level until a revised penguin protection plan is in place.
On Wednesday, the developer was on-site with independent penguin expert Dr Leigh Bull, ecologists and a sniffer dog trained to detect kororā.
No active burrows with nesting or moulting penguins were found, Kennedy Point Marina director Kitt Littlejohn said.
Bull oversaw the removal of some rocks to confirm the work would not impact kororā, and was satisfied no potential burrows were at risk of disturbance, he said.
“The welfare of kororā was at no time jeopardised.
“However, because of the actions of a handful of protestors who chose to put themselves in harm’s way, the work had to be halted.”
But Weiss said she was concerned about how the noise, vibrations and sendiment created by this work could affect the kororā.
Chloe Barker, a trustee at Waiheke’s Native Bird Rescue, said she was struggling to understand why the penguins, a protected species, weren't being “properly protected”.
“It seems staggering to me. These birds are being made homeless as developers take the boulders out.”
The rocks which were being removed were where many of the penguins lived, Barker said, and some protestors had reported seeing them nesting in the area.
“They’ve been mating earlier this year, so it’s possible there could be nests or eggs there right now. They’re destroying the habitat of these penguins.”
The developer maintains protecting the penguins is a priority.
“We are not and never have been destroying the breakwater wall and no kororā will be made homeless.
“The kororā/ little blue penguins who have burrows in the artificial breakwater wall will continue to reside there.”
Following an emergency meeting about protecting the birds earlier this year, the developer engaged Dr Bull to develop an independent protection and management plan.
“Penguins will not lose their homes,” Bull told Stuff.
Her plan will ensure breeding birds will not be moved and considerable efforts will be made to identify whether any birds are present before work is done, she said.
Thursday’s work involves moving rocks below water, where there are no kororā burrows, Littlejohn said.
Weiss was concerned contractors were beginning the work as the breeding season was due to begin.
“Once there are nests and eggs on the beach they won’t be allowed to touch it, so they’re trying to get in first,” Weiss said.
Littlejohn said the police presence on the beach was required to “ensure everyone is kept safe whilst works take place”.