A small crowd of supporters from the Protect Pūtiki occupation appeared at the Auckland District Court yesterday.
Two people pleaded not guilty to trespassing after being arrested while protesting on Waiheke Island.
The pair appeared in the court yesterday, after occupying the proposed site of the controversial Kennedy point marina on Waiheke Island.
Meegan Manuka was one of the members who was charged.
Manuka told the court she was only given notice last Friday to appear in court today.
As a result, she was unable to get her own representation, she said, and stood delivering a testimony.
She was hurt and frustrated that her court charge meant she was prohibited from returning to her own ancestral lands at Pūtiki Bay.
She said she was effectively being displaced from the moana and whenua where she connected back to.
"I don't even have words for how ridiculous it is, that I as tangata whenua that whakapapa back to that moana, can go down to the water and have a karakia and get in the water, go for a swim, and these foreigners can tell me that I am trespassing," she said.
The Protect Pūtiki occupation say the kororā, which inhabit the area for the new marina, will be threatened due to the development.
Protect Pūtiki spokesperson Emily Maia Weiss said the occupation was supporting the two members.
The occupation has persisted despite a number of environment court, high court and the court of appeal cases being unsuccessful.
Weiss said they were disappointed that charges were laid for being in the moana.
"We're all around them and we've wrapped them up in a korowai of love.
"We are very disappointed with the charges that have been put forward.
"We're talking about tangata whenua being trespassed from the moana, being trespassed from Pūtiki, being trespassed from their ancestral waters where their tūpuna have been, we don't recognise that the moana is a zone where we can be trespassed from."
Protesters demanded that the council revoke the original resource consent granted to developers Kennedy Point Boat harbour.
The occupation has also made repeated requests to Environment Minister David Parker and Acting Minister of Conservation Ayesha Verrall to intervene.
For Weiss, the plight to protect the kororā at Pūtiki Bay and uphold Te Tiriti o Waitangi continues.
"It should be Auckland Council that's actually honouring Te Tiriti, admitting to their mistakes, to their exclusion of Māori in this process and calling that in and reviewing it," she said.
"Until then, we've got no choice but to be there onsite, being kaitiaki."
Meegan Manuka and Alison Mell will both reappear in court in August where they hope to challenge the Crown.
They have counter-trespassed the developers Kennedy Point Boat harbour and are calling for a formal apology from police and the developers for alleged assaults on protesters.
In a statement, Auckland Mayor Phil Goff said the council had no legal authority to revoke the resource consent.
"The consent process has been upheld by the courts.
"As part of the consent, a range of strict conditions were put in place to protect the little blue penguin/kororā."
Goff said council expected to receive an updated management plan from the developer, which will be reviewed by coastal and ecological experts.
"Council is committed to protecting our birdlife and will be undertaking regular monitoring and on-site inspections to ensure that all conditions of the resource consent are adhered to."
RNZ approached the office of the acting minister for conservation comment.
Instead, the Department of Conservation (DOC) responded on the Minister's behalf. It said the resource consent process for the marina development was managed by Auckland Council.
"DOC will continue to respond to any queries pertaining to the Wildmife Act and protected species. This is a DOC operational issue and sits outside of the Minister of Conservation’s roles and responsibilities."
"DOC operations staff have advised the developer has appointed an independent ecologist to monitor penguin behavior and take precautions to ensure risks are avoided, remedied or mitigated. The developer has submitted an application under the Wildlife Act which is still being considered by DOC."