The revised Kororā Construction Monitoring and Management Plan (Plan) and accompanying acoustic report submitted by Kennedy Point Boatharbour Ltd (KPBL) have been certified as meeting the requirements of the relevant consent conditions. This decision to certify the Plan was made after a robust and thorough review undertaken by the council’s coastal, ecological and noise experts and compliance officers.
As part of the certification process, the council’s coastal and ecological experts also gave careful consideration to the views of Dr Hiltrun Ratz on behalf of the Ngāti Pāoa Trust Board and Professor John Cockrem.
This Plan now replaces those components of the Construction Management Plan certified earlier this year, which relate specifically to the monitoring and management of little penguins/kororā during construction of the marina. A copy of the certified Plan and accompanying acoustic report can be found here:
The revised Plan enhances the earlier version by providing even greater protection of little penguins/kororā through a more detailed set of monitoring and management requirements, including:
- Specific construction measures for rock removal and piling activities close to the breakwater.
- Airborne and underwater noise and vibration mitigation measures for piling activities.
- Additional noise monitoring requirements to ensure that there is compliance with the specified limit prior to piling works occurring within proximity to the breakwater.
- Daily inspections during construction to check for kororā, including clearing any potential obstructions and checking for any trapped or stranded kororā.
- Site area monitoring by a suitably qualified and experienced professional (SQEP) to determine whether there are any active burrows, which in turn will establish the nature of works that can be undertaken on or within proximity to the breakwater.
- A process for works to only proceed if there are no active burrows within the work area, as identified by a SQEP, or if the burrows contain kororā that are not moulting or kororā with eggs that are not viable.
- A methodology for rock removal and piling to be staged to minimise disruption on the breakwater during the breeding season. The closest nine piles will not be installed until after April 2022, and following further site area monitoring.
- Monthly breakwater monitoring by a SQEP throughout the duration of the construction works of previously identified and new burrows.
- If kororā are observed in the water within 100m of construction works during the day, works will be paused until the bird has left the area, or has come onto land and entered a burrow, unless specific underwater noise mitigation is being used.
Staff from the council’s compliance monitoring team will continue to closely monitor the development to ensure all conditions are complied with and that the little penguins/kororā are looked after and protected in accordance with the certified Kororā Construction Monitoring and Management Plan.
Update on Environment Court Interim Enforcement Order proceedings
Ngāti Pāoa Trust Board filed an application with the Environment Court seeking Interim Enforcement Orders against Kennedy Point Boatharbour Ltd (KPBL) to prevent works from occurring on site.
Auckland Council voluntarily joined these proceedings as an interested party, which means that the council could participate and be heard in the Environment Court proceedings.
On 23 September 2021, the Environment Court issued a decision where the Court ruled that there was a jurisdictional bar under s319(2) of the Resource Management Act 1991 to the Environment Court making an enforcement order.
The Court determined that KPBL had successfully raised this jurisdictional bar and the Court would not be making an enforcement order.
The developer, KPBL, has a valid resource consent, which it is entitled to implement, subject to complying with the conditions of consent. The council cannot stop development, but it is committed to ensuring all conditions are adhered to through regular monitoring and on-site inspections.
KPBL was granted resource consent by the Auckland Council in 2017 to construct a marina at Kennedy Point, Waiheke Island to provide permanent berthage for around 180 recreational boats. Temporary berthage for smaller visiting boats is also included along with a floating car park and a range of other facilities for the boating public. The council’s decision was appealed to the Environment Court and the Court upheld the decision to grant consent in 2018.
Construction of the marina is expected to take up to two years to complete.
The little penguin/kororā is the world’s smallest penguin and native to New Zealand. It stands at just over 25 cm and weighs about 1kg.
They frequent the coastal waters around Auckland and some of the gulf islands like Waiheke and Tiritiri Matangi.
The bird is classified as ‘At Risk - Declining’ under the Department of Conservation threat classification system.
Little penguins/kororā are protected under the Wildlife Act 1953, which is administered by the Department of Conservation. DOC is working with the developer to ensure appropriate measures are in place to protect the penguins when work is carried out on the breakwater. The developers have applied to DOC for a Wildlife Act permit for this work and the application is still being considered.
For more information on DOC’s response please visit here: Waiheke Kennedy Point Marina development (doc.govt.nz)
Their populations are declining in areas not protected from predators. Humans and dogs are the greatest threat to the little penguin.
The council recently certified an updated Kororā Construction Monitoring and Management Plan and accompanying acoustic report submitted by KPBL, which provides even greater protection of little penguins/kororā through a more detailed set of monitoring and management requirements. The decision to certify the updated Plan was made after a robust and thorough review undertaken by the council’s coastal, ecological and noise experts and compliance officers.
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