Wildlife experts are raising concerns after three kororā, little blue penguins, were found dead at the construction site of a new cycleway in Wellington.
Waka Kotahi reported the deaths last month and temporarily halted construction while it put extra safety measures in place to protect the birds. But some people aren't convinced.
It may look like a typical construction site but it has wildlife experts gravely worried.
"It's simply outrageous frankly," said Forest and Bird spokesperson Amelia Geary.
"It is concerning," said Massey University penguin expert Professor John Cockrem.
Last month three kororā were found dead at the site near Petone's coastline, which is an area known for its little blue penguin population that's at risk.
"There clearly has been a failure of either the plan to protect penguins or the implementation of that plan," said Prof Cockrem.
Waka Kotahi said following the penguins' deaths it temporarily stopped construction while it trained its workers in how to identify kororā habitats.
It has since resumed construction but there are still fears of further deaths.
"We are right in the middle of breeding season, so if construction is occurring where penguins come ashore, in my view that's not appropriate," said Prof Cockrem.
"The problem we have in Wellington is the kororā is at risk of declining nationally, and in Wellington, almost the entire harbour is under development," Geary added.
The Department of Conservation said penguins are protected under the Wildlife Act and it is investigating how they died.
"These birds need justice, the birds need to be given far more attention than they've been given to date by Waka Kotahi," Geary said.
"Every penguin that dies as a direct consequence of human activity like a dog, or uniquely a construction site, that to me is one penguin too many," Prof Cockrem added.
Because these little guys are already in decline and need all the protection they can get.