ELI v Minister for Oceans and Fisheries
Photo credit: Rob Pine
We are taking the Minister for Oceans and Fisheries to court for failing to adequately protect Māui and Hector’s dolphins.
Māui and Hector’s dolphins were once the most common inshore dolphins in New Zealand waters, until their rapid decline due, in large part, to fishing-related deaths.
With an estimated 54 Māui dolphins left (over 1 year of age), the world’s rarest dolphin is now at imminent risk of extinction. The Hector’s dolphin is also vulnerable, with an estimated 15,000 individuals remaining.
We are taking the Minister for Oceans and Fisheries to court over the Hector’s and Māui Dolphin Threat Management Plan on the grounds that it fails to adequately protect the dolphins from fishing-related deaths.
A credible Threat Management Plan must effectively restore Māui and Hector's populations so that these taonga are no longer threatened.
Why did we take this case?
In June 2020, Minister for Oceans and Fisheries Stuart Nash issued a final decision on the Hector’s and Māui Dolphin Threat Management Plan, which was developed under the Fisheries Act.
We allege that the plan is based on a range of decision-making errors, which collectively fail to protect Hectors and Māui dolphins from being killed by fishing.
The government hasn’t done all they can to prevent these dolphins from going extinct. With such low numbers left, we must get this right and protect these taonga.
Case timeline
April 2025: Filed for judicial review
October 27 - 29th, 2026: Case to be heard in the Wellington High Court
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Hector’s and Māui dolphins are physically and genetically different, having diverged at least 15,000 years ago. Māui dolphins have slightly larger skulls than Hector’s dolphins and a longer, wider rostrum or snout.
About the Māui dolphin
The Māui dolphin is one of the most endangered animals in the world. A 2020-21 survey estimated there were approximately 54 individual Māui dolphins over 1 year of age currently in New Zealand waters.
Due to the very small population size, the death of a single dolphin can be catastrophic for the species.
The Māui dolphin is a subspecies of the Hector’s dolphin. They are predominantly found on the west coast of the North Island of Aotearoa New Zealand.
Over the past two decades the Māui dolphin population has declined by approximately 3% to 4% per year. They have Nationally Critical status under the New Zealand Threat Classification System.
About Hector’s dolphin
Hector’s dolphin are primarily found around the South Island and are classified as Nationally Vulnerable. There are approximately 15,000 individuals older than 1 year in New Zealand waters.
There are approximately 9,700 dolphins on the east coast of the South Island, 5,500 on the west coast of the South Island, and 300 on the south coast of the South Island, and there is no reliable data on the subpopulation on the north coast of the South Island.
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Fishing related mortality limit is spatially limited
ELI alleges that what should have been one of the strongest features of the Plan, the Fishing-related Mortality Limit, was applied too narrowly and was spatially limited.
If a Māui dolphin were to be killed outside of the FRML area, the limit would not apply and there would be no requirement for the Minister to take action.Monitoring failure
Set net fishing and trawling still take place within some parts of the in the Māui dolphin habitat zone. Some set net vessels are unable to, or do not, carry cameras. As a result, we can’t know whether the mortality limit is being implemented properly or not.
Trawl closure areaTrawling within the Māui dolphin habitat has been prohibited out to 4 nautical miles. However, Māui dolphins have been detected further out than this.
“The government hasn’t done all they can to prevent these dolphins from going extinct. With such low numbers left, we must get this right.”
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