Forest & Bird is taking the Department of Conservation to court over their treatment of Kororā penguins at Kennedy Point on Waiheke Island.
It argues the department shouldn't have issued authority for the Kennedy Point Marina Development Ltd to capture, handle and release the Kororā to make way for a marina.
Footage and photos captured at the construction site, as well as eyewitness accounts, show they've been disturbing the resident little penguins, which are classified as an 'At Risk' and declining species.
Forest and Bird chief executive Nicola Toki spoke to Kim Hill.
