Abstract
This dissertation examines the law concerning commercial fishing-related mortalities of New Zealand dolphins. Fishing-related mortality is the main threat to the Māui dolphin, a critically endangered endemic marine mammal and other known sub-species such as the Hector's dolphin, a nationally vulnerable species. This dissertation especially considers whether the law sets appropriate objectives for managing commercial fishing-related mortality and in particular: whether it could arguably include a legally enforceable goal of insignificant levels approaching a zero-mortality rate goal for endangered species. The absence of a zero-mortality rate goal has been deemed a key issue in comparability finding under the United States Marine Mammals Protection Act 1972 by the United States Court of International Trade. A zero-mortality rate goal was included in two Bills proposed to amend the law in this area. Given that one Bill failed to pass its first reading in Parliament and the other Bill was not pulled from the ballot, this dissertation examines whether a zero-mortality rate goal could be implied by context, in plans that form part of the management framework for New Zealand dolphins and surrounding case law.