Marine Mammals Protection Regulations 1992

2 Interpretation


In these regulations, unless the context otherwise requires,—

commercial aircraft operation means a commercial operation using any aircraft (as defined in section 2 of the Civil Aviation Act 1990)

commercial operation or operation means an operation carried on for any form of hire or reward in which persons are transported, conveyed, conducted, or guided where a purpose is to view or come into contact with any marine mammal in New Zealand or in New Zealand fisheries waters

commercial operator means a person who carries on a commercial operation

commercial shore-based operation means a commercial operation that does not use any aircraft or vessel

commercial vessel operation means a commercial operation using any vessel (being a ship as defined in section 2(1) of the Shipping and Seamen Act 1952) or hovercraft

contact, in relation to a marine mammal, includes any interaction involving a person and the mammal that is likely to produce an effect on the mammal

customary marine title area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

Director-General means the Director-General of Conservation

dolphin means—


all species commonly known as dolphins; and includes dusky dolphins, common dolphins, bottlenose dolphins, and Hector’s dolphins; but


does not include the species known as killer whales and pilot whales

harass includes to do any act that—


causes or is likely to cause injury or distress to any marine mammal; or


disrupts significantly or is likely to disrupt significantly the normal behavioural patterns of any marine mammal

permit means a permit issued under regulation 12

seal means all species commonly known as seals and sea lions; and includes New Zealand fur seals, leopard seals, southern elephant seals, and Hooker’s sea lions

whale means all species commonly known as whales; and includes baleen whales, sperm whales, beaked whales, killer whales, and pilot whales

working day means any day except—


a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and


if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and


a day in the period commencing with 20 December in any year and ending with 15 January in the following year.


The descriptions in the second column of Schedule 1 are an indication of the content of the provisions they describe and are not intended to be used in the interpretation of those provisions.

Regulation 2(1) customary marine title area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Regulation 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Regulation 2(2): inserted, on 3 February 2020, by regulation 75 of the Conservation (Infringement Offences in Regulations) Amendment Regulations 2019 (LI 2019/326).