April 2021
The purpose of this document is to provide supporting information and analysis for the public consultation document ‘A proposal to establish a marine mammal sanctuary in Te Pēwhairangi (Bay of Islands)’.

Sanctuary created

As a result of this consultation, the Te Pēwhairangi (Bay of Islands) Marine Mammal Sanctuary was announced on 17 November 2021. It came into effect 15 December 2021.

More about Te Pēwhairangi (Bay of Islands) Marine Mammal Sanctuary.


  1. About this document
  2. Background on development of the marine mammal sanctuary (MMS) proposal
    • 2.1 New conditions were introduced to commercial marine mammal viewing permits
      in Te Pēwhairangi (Bay of Islands) June 2019
    • 2.2 Statutory and non-statutory approaches considered in addressing the decline in
      bottlenose dolphin numbers
    • 2.3 Inadequacies of the Marine Mammals Protection Regulations 1992 (MMPR)
  3. The legislative regime for establishing a MMS and for marine mammal protection
    • 3.1 Department of Conservation Te Papa Atawhai and marine mammals under
      the Marine Mammals Protection Act 1978 (MMPA)
    • 3.2 Process for considering Te Pēwhairangi (Bay of Islands) MMS proposal under
      the MMPA
  4. The Treaty of Waitangi and the special relationship between the Crown and Māori
    • 4.1 Crown obligations and decision making
    • 4.2 Te Takutai Moana Act 2011 and the MMS process
    • 4.3 Customary marine title and protected customary rights applications and
      the MMS proposal
    • 4.4 The MMS and Māori customary fishing rights and interests
    • 4.5 Treaty settlement and the MMS proposal
  5. Assessment of the proposed MMS

Appendix 1

Notice of intention to declare a marine mammal sanctuary (MMS) in Te Pēwhairangi (Bay of Islands)

Appendix 2

List of customary title applications under te Takutai Moana Act 2011 in Te Pēwhairangi (Bay of Islands)

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