JASON DORDAY/Stuff
Campaigners have been fighting for more than four years to stop the proposed marina at Kennedy Point. The developer, Kennedy Point Boatharbour Limited (KPBL), was the third respondent in the proceedings. At the heart of the applicants argument was the claim the CMP was deficient because it did not lay out what should happen in the event of penguins being found during construction. Requesting work was halted pending a substantive hearing at the end of July, counsel for the applicants James Gardner-Hopkins said the time of year was particularly important. Drawing on evidence provided by Waiheke Bird and Rescue founder Karen Saunders, Gardner-Hopkins said the kororā are most vulnerable in the breeding and moulting phases of their life cycle.