Calling for urgent action to stop mammal deaths in marine mammal sanctuaries
Marine mammals are being killed in the very sanctuaries created to protect them. We’re calling on the Government to step in now and stop fishing-related harm in the places where marine mammals should be safest.
Research by the Environmental Law Initiative shows that 146 marine mammals were killed inside New Zealand’s marine mammal sanctuaries in the last two fishing years alone. These deaths occurred across multiple sanctuaries, including Banks Peninsula, West Coast North Island, Clifford & Cloudy Bay, Te Waewae Bay, and Te Rohe o Te Whānau Puha Kaikōura Whale Sanctuary.
These sanctuaries exist to protect marine mammals, yet ongoing fishing activity, including set‑netting and trawling, continues to kill dolphins, seals, and other species at alarming rates.
The purpose of the Marine Mammals Protection Act is to protect and conserve marine mammals. Sanctuaries should fulfil that protective purpose.
What the law says
All except one of the sanctuaries where deaths have occurred were established under section 22 of the Marine Mammals Protection Act 1978 (MMPA). The Act’s purpose is unambiguous:
“An Act to make provision for the protection, conservation, and management of marine mammals within New Zealand and within New Zealand fisheries waters.”
In other words, the Minister’s powers to create and alter sanctuaries must be exercised consistently with this protective purpose. Allowing ongoing fishing activity that is killing dozens of absolutely protected dolphins and seals each year within sanctuaries is inconsistent with that mandate.
Te Rohe o Te Whānau Puha Whale Sanctuary is established under s15 of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014, which also has a protective purpose. The Department of Conservation has said(1) that:
“while the name of the sanctuary refers to whales, the original intent of the sanctuary proposal and the restrictions that have ultimately been put in place are to benefit marine mammals more generally.”
Species affected
Sanctuary bycatch in 2024–25 and 2023 - 2024 included:
Hector’s dolphins
Fur seals
Dusky dolphins
One Leopard seal
Common dolphin
What we have asked the Minister to do
We have written to the Minister of Conservation, Tama Potaka, urging him to use his powers under the Marine Mammals Protection Act and the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 to:
Assess the need for fishing restrictions and prohibitions in sanctuaries where there is ongoing mortality, under both acts. We have data for one year, but we suggest he look back at previous years and the current fishing year also.
Implement closures or restrictions as appropriate. In our view, based on one year of data, the focus should initially be on prohibiting set net fishing and trawling within the Banks Peninsular Sanctuary and the Te Rohe o Te Whānau Puha Whale Sanctuary.
Work jointly with the Minister for Oceans and Fisheries to ensure consistent, lawful decision-making under both Acts.
Correspondence with the Minister
ELI letter to Minister of Conservation, Tama Potaka (9 February 2026): Read here
Response letter from Minister Tama Potaka (15th April 2026): Read here
In Minister Potaka’s letter of reply, dated April 15th, he commented:
“While bycatch of any protected species is unfortunate and there are ongoing efforts to mitigate bycatch in New Zealand waters, the bycatch of most protected species is managed nationally at a population level. Thus, from a species management perspective, it is important to consider the threat status of the species in question.”
ELI’s response to this comment is:
The purpose of the MMPA includes providing for the protection and conservation of marine mammals. Their protection is not required to be dependent on their threat status, overall population status, or weighted against commercial interests.
We reiterate our call for action.
You can help
We are inviting the public to write to the Minister of Conservation, Tama Potaka, urging immediate action.
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Template letter (you can cut and paste):
Tēnā koe Hon Minister Potaka,
I am writing to express my great concern at the number of marine mammals killed inside marine mammal sanctuaries.
We urge you to introduce urgent fishing restrictions, set‑net bans, and trawl exclusions.
Sanctuaries are meant to be the safest spaces in New Zealand for marine mammals. The current situation, where dozens of animals are killed inside sanctuaries every year, is untenable. We ask that you act urgently to ensure these areas fulfil their statutory purpose.
Minister contact details:
Hon Tama Potaka — Minister of Conservation email (click on the email link and it will generate the email for you): t.potaka@ministers.govt.nz
Every message counts — thank you for helping protect marine mammals in our waters.
