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)’.


  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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