Two "safe zones" for dolphins in the Bay of Islands where boats were barred from travelling at more than 5 knots have been dropped after a shake-up of marine mammal protection rules.
The safe zones came into force in 2021 and covered about 7 percent of the Bay of Islands.
The zones were located between Moturua and Motuarohia islands and on the northern side of Russell Peninsula, including Oneroa, Paroa, Manawaora and Jacks bays.
However, the Department of Conservation has admitted recent scientific studies showed dolphins were rarely in the official safe zones, instead spending most of their time elsewhere within the sanctuary.
DOC Te Pēwhairangi (Bay of Islands) operations manager Bronwyn Bauer-Hunt said the zones had been removed after "a careful and inclusive process", which included public consultation.
"Right from the establishment of the sanctuary we've always said we will review our approach based on new data and adapt to best protect our marine species," she said.
However, the other key rules of Te Pēwhairangi Marine Mammal Sanctuary remain in place.
In particular, people have to stay out of the water within 300 metres of marine mammals, including dolphins, seals and whales; while boats have to stay 300m away from marine mammals, and stop if the skipper is aware of any marine mammals closer than 300m.
Bauer-Hunt said the change followed a review by DOC and Ngā Hapū o Pēwhairangi Marine Mammal Protection Advisory Committee Rōpū on the effectiveness of the sanctuary rules.
During public consultation in March, 87 percent of submitters supported a proposal to drop the safe zones, though many supported the wider sanctuary, she said.
The sanctuary came into force in December 2021 after years of consultation and controversy.
At the time DOC and local hapū said the restrictions were needed to stop a sharp decline in the Bay's bottlenose dolphin population.
According to DOC, numbers plummeted from 278 in 1999 to just 26 in 2020.
The drop was blamed on dolphins spending most of their daylight hours in the presence of boats, altering their behaviour and affecting their ability to feed and care for their young.
Prior to 2021 the rules around interacting with dolphins in the Bay applied to commercial operators but not private boats.
The old rules were also complicated, and depended on the species of dolphins, their behaviour at the time, and whether calves were present.
The current rules apply to all marine mammals of any age.
During the first three months of the sanctuary, 415 boaties were stopped and spoken to by marine rangers for either breaching the sanctuary rules or appearing about to do so, for example by travelling at speed towards a safe zone.
Most were warned and given information packs. In more serious cases the details of the skipper and vessel were taken.
In 11 cases, DOC recommended further action. It is not known how many, if any, ended in a fine or prosecution.
The new rules, with the safe zones removed, came into force on 4 July.

