Marine Mammals Protection Act 1978

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Reprint as at 25 October 2013

Marine Mammals Protection Act 1978

Public Act1978 No 80
Date of assent20 October 1978
Commencement20 October 1978


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Conservation.



1 Short Title and application

2 Interpretation

3 Act to bind the Crown

3A Department of Conservation to administer marine mammals and sanctuaries

3B General policy

3C Conservation management strategies

3D Conservation management plans

3E Population management plans

3F Determining maximum allowable level of fishing-related mortality

3G Determining area-based maximum levels of fishing-related mortality

3H Procedure for preparation and approval of population management plans

4 Restrictions on holding or taking marine mammals

5 Application for permit

6 Grant of permit

7 Conditions of permit

8 Register of marine mammal permits

9 Offence to take marine mammal without permit

10 Director-General to be notified of actions taken in respect of marine mammals

11 Marine Mammals Officers

12 Officers to be provided with subsistence and accommodation

13 Powers of search

14 Officer may obtain warrant

15 Officers, etc, protected from proceedings

16 Reporting of accidental death or injury

17 Purse seining

18 Treatment or disposal of sick or dead marine mammals

19 Destruction of diseased captive marine mammals

20 No derogation from certain enactments

21 Advisory, research, and technical committees

22 Marine mammal sanctuaries

23 Offences and penalties

23A Penalties for offences committed for commercial gain or reward

24 Onus of proof in respect of certain offences

25 Proceedings in respect of offences

26 Defences in respect of certain offences

26A Sentence of community work

27 Liability for causing officer to incur expense

28 Regulations

29 Costs of administering Act, receipts

30 Amendments, repeals, and revocations

Enactments amended

Reprint notes

An Act to make provision for the protection, conservation, and management of marine mammals within New Zealand and within New Zealand fisheries waters