I managed to overlook this -- but look at what it says later in the article:
An Otago University geologist, Associate Professor Ewan Fordyce, said modern theory was that most modern bird groups evolved after the dinosaurs died out.
"By using the dates from the fossil Waimanu penguins as a calibration point...
On Sunday, April 9, 2006, at 04:13 AM, Jaime A. Headden wrote:
*Waimanu* itself does not appear to be a "penguin" form sphenisciform. It
possesses longer, albeit still flightless, forelimbs, jointed elbows, implying
a possibly different wingstroke, less robust bones, and a more slender
mandible, resembling something more akin to a loon to my eyes.
Cheers,
--Mike Habib