High Court To Hear Challenge Over Protections For Māui And Hector’s Dolphins

27 Oct 2026, 10:58 by Environmental Law Initiative · SCOOP

From 27–29 October, the High Court will hear a challenge by the Environmental Law Initiative (ELI) against the Minister for Oceans and Fisheries over protections for Māui and Hector’s dolphins.

ELI is challenging the government’s Hector’s and Māui Dolphin Threat Management Plan (the Plan), arguing that its protections fall short of what the law requires to prevent the dolphins from being killed by fishing.

“With so few Māui dolphins left, the Plan must provide effective protection against fishing-related deaths,” says ELI Senior Legal Advisor Megan Cornforth-Camden.

Māui and Hector’s dolphins were once the most common dolphins in New Zealand waters. Now an estimated 54 Māui dolphins over one year of age remain. The Hector’s dolphin is also vulnerable, with an estimated population of around 15,000.

“If we want these dolphins to remain in our waters for future generations, we need a credible plan. Fisheries law is clear. The Fisheries Act requires the Minister to ensure sustainability, including by avoiding, remedying or mitigating the adverse effects of fishing,” says Cornforth-Camden.

Deaths within marine mammal sanctuaries

The case comes amid growing concerns about fishing-related deaths within marine mammal sanctuaries.

Using data obtained under the Official Information Act, ELI identified 27 reported Hector’s dolphin bycatch deaths in marine mammal sanctuaries since 2022. That represents 27 of a total of 30 reported Hector’s dolphin bycatch deaths over the same period.

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Ninety percent of reported Hector’s dolphin bycatch deaths since 2022 have occurred in marine mammal sanctuaries. “It’s hard to believe. These are places intended to protect dolphins, yet that’s not what’s happening,” says Cornforth-Camden.

Three key issues with the Threat Management Plan

ELI alleges that the Plan falls short of what the law requires in three key respects:

1. The fishing-related mortality limit covers too narrow an area

The limit is intended to trigger action if a Māui dolphin is killed by fishing, but it does not cover all known Māui dolphin habitat. If a dolphin were killed outside the designated area, the limit would not apply.

“It is not logical that bycatch in one area would trigger action, but if a dolphin from the same endangered population is killed outside that area, nothing is required to happen,” says Cornforth-Camden.

2. Monitoring gaps make fishing-related deaths difficult to detect

Set-net fishing and trawling continue in parts of the Māui dolphin habitat zone, but some set-net vessels do not carry cameras. This limits the ability to monitor fishing activity and determine whether the mortality limit is being implemented effectively.

3. The trawl closure does not cover the full extent of Māui dolphin habitat

Trawling is prohibited up to four nautical miles off the coast in the main habitat area, but Māui dolphins have been detected further offshore.

“The government hasn’t done all it can to prevent these dolphins from going extinct. With such low numbers left, we must get this right,” says Cornforth-Camden.

Notes:

The Māui dolphin: The Māui dolphin is a subspecies of Hector’s dolphin, having diverged from the Hector’s population about 15,000 years ago. The Hector’s population has also faced a rapid decline — the latest estimate puts the population at approximately 15,000 individuals.
Sanctuary research: According to MPI’s database, 30 Hector’s dolphin bycatch deaths have been reported since 2022. Of these, 27 (90%) occurred within marine mammal sanctuaries. These figures reflect reported deaths; the actual number of fishing-related deaths may be higher.
Toxoplasmosis: Toxoplasmosis is a parasitic disease caused by Toxoplasma gondii. It is a significant threat to Māui and Hector’s dolphins. The Department of Conservation is undertaking work to reduce this threat.
Threat Management Plan: 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.

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