Fresh court action has been launched by community groups concerned the development of a new marina at Auckland's Waiheke Island will wipe out a colony of little blue penguins.
It comes as developers say they were already looking at how to manage the birds.
The 180-berth marina - which has been signed off by the council - was halted last week after protest efforts stepped up.
It's an issue which has been in and out of court
Those opposed are concerned the birds could be wiped out and about ongoing degradation of the Hauraki Gulf.
The community groups met with developers last week, who made a commitment to reviewing their penguin management plan.
The legal action is having an immediate impact with no date for when construction could start up again.