Regulating Marine Mammal Tourism Management: Challenges and Opportunities for Effective Enforcement in Aotearoa/New Zealand

Abstract

Marine mammal tourism (MMT) in Aotearoa/New Zealand operates under one of the world’s most established environmental protection regimes, centred on the Marine Mammals Protection Act 1978 (MMPA) and Marine Mammals Protection Regulations 1992 (MMPR). Despite this reputation, persistent non-compliance and weak enforcement have raised concerns about the long-term sustainability of the MMT industry and the effectiveness of existing regulatory tools. Rapidly changing human pressures on marine ecosystems, including accelerating tourism growth and expanding recreational use of coastal waters, raise questions about the adequacy of static regulatory frameworks. This qualitative study investigates the challenges and opportunities for enforcement within New Zealand’s MMT management system. Drawing on 40 in-depth, semi-structured interviews with four key stakeholder groups—the Department of Conservation (DoC), permitted tour operators, indigenous Māori representatives, and scientists—the research identifies systemic constraints that undermine regulatory effectiveness, including ambiguous legal definitions, difficulties proving intent, limited statutory powers, resource shortages, and outdated provisions inadequate for the challenges of a changing world. The findings reveal an over-reliance on commercial tour operators to perform quasi-enforcement functions, widespread frustration with warning-letter approaches that rarely escalate, and challenges for DoC officers operating in small communities where social proximity reduces their ability to enforce regulations impartially. These enforcement gaps contribute to unresolved stakeholder conflict, reduced regulatory credibility, and weakened conservation outcomes for marine mammals. The study outlines several pathways for strengthening governance, including legislative revision, enhanced compliance mechanisms, expanded enforcement capacity, and the use of external officers to reduce community-based conflicts of interest. The findings demonstrate how enforcement shortcomings can erode the legitimacy and effectiveness of conservation regimes and provide evidence-based recommendations for improving marine mammal protection and governance.