On 30 June 2021, the Ngāti Paoa Trust Board filed an urgent application with the Environment Court seeking that developer, Kennedy Point Boatharbour Limited (KPBL) be required to comply with the conditions of its resource consent that permit it to construct a marina at Waiheke Island. The urgent application requests that all construction work immediately stop until a proper monitoring and protection plan for the ‘at-risk’ and in decline taonga, the Little Blue Penguin (Little Penguin) has been prepared and implemented.

Mrs Danella Roebeck, Co-Chairperson of the Trust Board says “Ngāti Paoa is kaitiaki of this motu and the moana surrounding Waiheke Island. Our rangitiratanga requires us to stand up and protect the Little Penguin and other taonga species from harm. The developer has failed to put in place a monitoring plan that detects and avoids construction impacts on the kororā as they are required to do before commencing construction. Auckland Council have failed in their duty to protect community and the kororā. As such, Ngāti Paoa and the Trust Board had no choice but to bring the matter back to the Courts and seek urgent protection of the Little Penguin.”

The urgent enforcement application by the Trust Board is the latest in a more than 5 year battle previously led by SKP Inc, the Waiheke community with the Trust Board in support to try and over turn the marina resource consent. The Trust Board who was recently recognised by the Maori Appellate Court as holding the exclusive mandate to represent Ngāti Paoa in regards to Resource Management Act matters at the relevant time - had not been notified or consulted about the resource marina consent application by the Developer or Auckland Council when the proposal was being advanced. The Maori Appellate Court found that Auckland Council had, in this respect, acted unlawfully in failing to recognise the Trust Board’s mandate and failing to notify it of the marina consent application.

Mrs Roebeck says “Auckland Council has continuously trampled on the mana of Ngāti Paoa by failing to notify and consult with the Trust Board on the original marina resource consent application. The marina would never have been consented to had Auckland Council notified the Trust Board of the application. Auckland Council is now continuing to trample on Ngāti Paoa’s mana by failing to ensure that the developer complies with the conditions of consent and failing to ensure the protection of the kororā, and by failing to respect the rahui recently placed over the moana around Waiheke.

Leading kororā experts are saying that the monitoring plan prepared by KPBL and approved by Council is inadequate in ensuring the protection of our kororā. So we must stand up and fight, for the mana of Ngāti Paoa, for the mana of the kororā, and for the community.” Ms Roebeck continues

The kororā have currently entered their breeding season at Kennedy Point Bay, the most sensitive and vulnerable time for the at-risk species. As such the kororā are particularly vulnerable to impacts from construction activity - and the Trust Board supported by independent experts are calling for an immediate stop on all construction activity at Kennedy Point Bay. Also, in the past week the rare, Reef Heron has been spotted at Kennedy Point Bay. This is a species of only 300 - 500 in Aotearoa, and there are also concerns for the health and well-being of the Reef Heron and other taonga species who may be impacted from marina construction activities.

The application will now be considered by a judge of the Environment Court, and has been listed for a judicial conference at 10am, Monday 5 July 2021 in Environment Court Room 202. At the judicial conference the Court will decide how the application for interim orders should be determined.

For over 3 months, those of Ngāti Paoa have been occupying Kennedy Point Bay to ensure the protection of the kororā. The stand-off has escalated recently, where occupiers (mostly young wahine) were swimming in Kennedy Point Bay and appeared to be rammed against buoys by boats operated by KPBL staff or contractors. Footage of the incident was aired on Facebook Live and the incident has since been reported to police.

Mrs Roebeck says “The Developer does not own the moana, and to see what looked like the developer ramming boats at our wahine is dangerous and absolutely unacceptable. The Trust Board supports the occupation at Kennedy Point Bay and stands with the Ngāti Paoa occupiers who are protecting our moana, our taonga, and the Little Penguin. If Auckland Council doesn’t hold the developer to account, we will”

The Kororā is a protected species and this resource consent does not give permission for the developers to exterminate a whole colony of kororā for financial gain. Just as we protect our taonga manu the Kereru from extermination, so we must protect our Kororā from the same fate, says Mrs Roebeck. The sad part is that our people are being put at risk trying to save a protected species that the law states is protected.

Why is it that the public and community are having to enforce the law, and are the developers are seemingly exempt from the law?”

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