Forest and Bird's applied for a judicial review of the Department of Conservation's approval of a Wildlife Permit relating to the capture of penguins on Waiheke Island

Kennedy Point Marina Development was granted authority to capture, handle and release korora under the Wildlife Act, last month.

It's in order to make way for the construction of the marina at Kennedy Point.

Forest and Bird believes DOC's made errors issuing this authority - and has requested interim orders to halt construction while the judicial review is completed.

It says construction activities at the breakwater are inconsistent with the protections the penguins should be afforded under the Act.