Source: NZ Department of Conservation
Date: 30 June 2025
An Auckland-based woman purchased the whale baleen to sketch and was unaware she needed a permit from DOC. Baleen is the filter-feeding system of plates inside the mouths of large whales like humpbacks. The inside edge of each plate has a hairy fringe which acts like a sieve or filter, straining prey from the water.
Each baleen looks like a large solid feather and is a popular subject of artwork around the world. It is strong and flexible and made of the same protein that makes up human hair, and fingernails.
Under the Marine Mammal Protection Act, anyone who possesses marine mammal part(s) must hold a permit or an exemption letter from DOC.
It is an offence to possess marine mammal parts without one of these two things.
The buyer, who asked not to be named, looks out for marine items for sale and loves to sketch objects like shells, bones and rocks.
“When I saw the baleen on Trade Me, I was super excited and bought it straight away,” the buyer says.
“I just assumed the seller had a permit for it, but they didn’t. They told me DOC had contacted them about the baleen. I rang DOC for advice and the permissions staff told me I could apply for a permit or surrender the whale baleen to a research institution or find out where it came from and offer it to local iwi.
“I wasn’t in a position to pay the processing costs for a permit, so I tried to find someone to take the baleen but it’s difficult, as you need to have what’s called provenance or a purpose for it, and everyone I contacted said no.”
DOC Permissions Advisor Max Clark says DOC gets about a dozen similar calls a year from people who have possession of a marine mammal part but don’t realise they need a permit.
“There are strict rules around how whale parts are acquired and that’s important as these taonga are very culturally significant to whānau, hapu and iwi,” Max says.
“People don’t realise this is a part of our job, and it’s to protect nature and the special taonga we have here. It can be a complex process in terms of how the parts have been acquired and that’s why people should always seek advice.”
With a bit of investigation, it was discovered the baleen had originally come from the Nelson area and with the help of DOC, the buyer sent it back to the local DOC office to the care of Barney Thomas who is the Pou Tairangahau, (a designated DOC staff member who leads strategic relationships with whānau, hapū and iwi in their allocated area of Aotearoa).
“These taonga have huge significance. I took delivery of it and gave it to Manuwhenua Ki Mohua who represent Ngati Tama, Ngati Rārua and Te Ātiawa within the Takaka area. They were very grateful to receive and will put it on display at the Onetahua Marae and use it for educational purposes in the local schools and community,” Mr Thomas says.
“Educating the young people about these taonga is very important, for empathy and understanding about the mauri of that whale.”
Trade Me Policy and Compliance Manager James Ryan says while the sale of marine animal parts is not a common occurrence onsite, this incident serves as a timely reminder for people to be aware of their responsibilities when trading.
“We never like to hear of anyone having a negative experience on Trade Me. While we are clear in our banned and restricted list that these items cannot be listed, in light of this we have updated content on our site covering the sale of marine mammal parts – what is and is not allowed and if permits are required. We would hate to see anyone else caught unaware,” Mr Ryan says.
The Auckland based woman who purchased the baleen on Trade Me says she is calling her experience the “saga” of the whale baleen and is speaking out to make others aware of the permit requirements.
“It’s been a long and stressful drama for me. I’m incredibly grateful for all the help DOC gave me in this process as it’s taken up a lot of their time. They’ve been very supportive in helping me navigate this. I’m a little embarrassed by the whole thing, buying it without knowing about the required permit and I don’t want others to be in the same position. People need to be aware about the permits you need. If it’s a part from a marine mammal in New Zealand, don’t buy or sell anything until you know the rules,” she says.
Background information
Bones, teeth, or ambergris that have already separated naturally from a marine mammal do not require a Permit to possess. However, DOC asks that people submit some details about their find via the following webpage:
Marine mammal parts notification form
Within 2 weeks of submitting a form, the applicant will receive an exemption letter confirming that you do not need a permit to possess those parts.
Note that we do not consider it culturally appropriate to intentionally acquire such “natural finds” from the site of a stranding, unless you have consent from the relevant Treaty partners that hold appropriate rights. If you wish to carve naturally separated whale parts, this will trigger the requirement for a permit.
Permits or exemption letters to possess marine mammal items most commonly arise in situations where someone is planning to export or import such items across the New Zealand border. Without the appropriate permitting, such items may be seized at the border (either at the New Zealand border, or at an overseas border). Whale bone entering or exiting the country will likely require CITES paperwork (in addition to authorisation under the Marine Mammal Protection Act). Permissions do not administer CITES permitting; there is more information at The Convention on International Trade in Endangered Species (CITES): Permits, or via email: cites@doc.govt.nz
Contact
For media enquiries contact:
Email: media@doc.govt.nz
