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Protect Pūtiki Supports Forest & Bird Taking Legal Action Against The DoC For Issuing Of Wildlife Permit

Protect Putiki strongly supports Forest & Bird in applying for a judicial review of the Department of Conservation (DoC) and their decision to grant Kennedy Point Marina Development Ltd (KPML) a wildlife permit to capture, handle and relocate kororā at the rock wall at Kennedy Point, Pūtiki Bay on Waiheke Island.

The wildlife permit was granted by the Department of Conservation on 30 March 2022 despite the extensive advice of Mana whenua, independent and highly recognised penguin ecologists, mātauranga experts, and environmental lobby groups concerning disturbance to kororā at Kennedy Point. Mana whenua have not and do not support this permit.

For the past 13 months, we have been observing the wildlife, including extensive observations of the kororā and documenting the ecological impacts this development has on the bay. During this time we have witnessed reckless removal of boulders, the spilling of concrete and other chemicals into the bay, sediment clouds, the blocking of access for penguins to their burrows by buoys and silt curtains, harmful and excessive noise of machinery, and many other acts of disturbance to kororā. In this time two kororā have been rescued from the bay, one of whom was too severely injured and who later died at Waiheke Bird Rescue.

Protect Pūtiki are shocked that DOC justified issuing this authority on the basis that if they hadn’t given the permit, the developer would have simply removed the kororā anyway. It is illegal to handle or harm kororā or to remove them from their nests or destroy their burrows. To empower an unwanted and inappropriate marina development by issuing a wildlife permit enabling the illegal disturbance to our kororā which are protected by the Wildlife Act 1953, is irresponsible and deeply concerning. It is extremely concerning that DOC provided their own minister with inadequate and inaccurate information on the kororā at Pūtiki.

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We support Forest & Bird in applying for interim orders for a stop-work with the application for the judicial review. Protect Pūtiki believes that this development is a breach of Te Tiriti and in the current biodiversity and climate crisis is completely unacceptable. It further endangers at-risk-declining kororā and the mauri of Pūtiki Bay within the Hauraki Gulf which is experiencing ecological collapse. The concerns and wants of wealthy developers are being prioritised at the expense of Te Taiao. The voices and knowledge of mana whenua, tangata whenua, and community members are being ignored yet again.

We are hopeful this legal action will see an immediate stop-work at Putiki Bay. Protect Pūtiki welcomes the action of Forest & Bird and the ongoing, proactive commitment this independent organisation has demonstrated by giving nature a voice. Forest & Bird is doing what DoC is apparently unable to do - the right thing.

He kororā, he tohu oranga: the little penguin is the sign of life.

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