“One of the reasons why we chose to hold one today (December 21) is because it is exactly three years since the council first gave approval for the resource consent to build the seawall,” she said.
The “outstanding information” from Dr Cockrem's report confirmed their belief that the wall was responsible for the death of several korora.
Dr Cockrem said it appeared no ecological assessment report had been prepared as part of the resource consent application.
“It's quite clear the resource consent was inadequate because it did not provide an assessment of the coastline that was affected by the construction and it did not include the much-required penguin management plan,” he said.
The council's environmental services and protection director Helen Montgomery said Eastland Port (the applicant) had consulted with the Department of Conservation, Ngati Oneone, Gisborne Yacht Club, GDC Harbourmaster and Kaiti Beach residents, before lodging the resource consent application with the council.
“The application was also publicly notifed in the Gisborne Herald and open to submission by any person or group within the community.”
Ms Montgomery said the application was circulated to DoC as part of the resource consent process, who didn't raise any issues, except to be notified before construction work began, which was a condition of the consent.
“Had DoC requested a penguin management plan at that time, then one would likely have been required as a condition of consent.
“There wasn't any information raised in either the application or in any other correspondence or submission at that time to suggest that a penguin management plan was necessary,” he said.
DoC said it commented on the application in 2017, and had suggested a minimum of four penguin boxes be placed on the seawall once completed. That has been carried over to the consent.
However, the application for the resource consent did not contain any description of the impact of the seawall construction on penguins that might be present.
“It seems that, at the time, none of the involved parties believed a penguin management plan to be necessary,” the conservation body said.
DoC's principal science adviser Graeme Taylor said penguin management plans were sometimes required as part of a resource consent process where it was known or discovered that penguins used an area being planned for development.
“It's something that would normally come up as part the environmental impact assessment at the site and if disturbance was expected on breeding birds then a plan to mitigate the disturbance would be required.”
Mr Taylor said the application did not mention any penguins being known to breed at the location.
Whether that was true or not would depend on who did the impact assessment survey, what time of year it was conducted and the methods undertaken to determine if penguins did use the site, he said.
“The council may be proactive in saying it will try to make the location suitable for penguin nesting by adding some nest boxes if any birds show up in the future. Whether it's a public relations gesture or they are aware that some penguins do breed in the general area I am not sure,” Mr Taylor said.
Dr Cockrem's report said it was “understood” that contruction of the seawall would begin during the penguins' breeding season (July to January) and he recommended all work on the south end of the seaward facing wall stop until a plan was in place.
He also recommended moving any penguins into a new habitat and that DoC be authorised to handle the creatures.
He submitted his report to Eastland Port earlier this month.
Dr Cockrem told the Gisborne Herald that the port asked him to remove his estimate of the nest destruction from the report.
Eastland Port infrastructure manager Marty Bayley said the port had shared its concern over the estimated figures and had asked Dr Cockrem to give them further consideration before finalising his report.
“The opinions and on-the-ground observations of numerous others have not been factored into Dr Cockrem's report, including those who have many years of experience with the local marine and bird life,” he said.
Mr Bayley said while the port did not agree with Dr Cockrem's calculation of penguin nests, it was working alongside other organisations with urgency to put the recommendations in place and develop a penguin management plan.
The port acknowledged a survey of the penguin population should have been undertaken.
Ngati Oneone chair Charlotte Gibson said the hapu supported and acknowledged Dr Cockrem's report, as none in the port or the hapu had his expertise.
“Our view is that the penguin aspect wasn't highlighted as a big deal. It read like there were a couple of penguins there. But now we know and understand that it is their nesting grounds,” she said.
Ms Gibson said there should have been a better investigation done by the council — having specialists, engineers and the manpower — and “definitely, there should have been a better response or notification from the port.”
“All the big organisations failed the korora,” she said.
