KEY POINTS:
Marineland manager Gary Macdonald says it is the final "dotting of the i's and crossing of the t's" - Kelly will be the last dolphin to live at New Zealand's best-known dolphin aquarium.
Napier's Marineland failed in a last-ditch bid to be allowed to import new dolphins when Parliament's local government and environment select committee rejected a petition and upheld the status quo.
The Napier City Council could make an application to import new common dolphins under the current Marine Mammals Protection Act, but it would be likely to be turned down because of Department of Conservation opposition.
The department said it did not support the keeping of dolphins in captivity, and that human interaction with them should be limited.
Mr Macdonald said the committee's decision confirmed that the council's actions in planning for a facility without dolphins had been correct.
He said Marineland had been working for the last few years towards that end.
Dolphin supporter Harry Lawson said he was very disappointed with the outcome.
Mr Lawson arranged a petition of more than 13,000 signatures calling for new dolphins, which had been presented to the select committee.
He regretted not collecting signatures for longer than six months and felt he had run out of options.
But the Napier City councillor wasn't going down without a parting shot, and said Napier would lose a major point of difference in the tourism industry when it finally lost 37-year-old Kelly.
"In 2007, New South Wales' top tourism award went to swimming with the dolphins. We are sacrificing our competitive edge on the altar of political correctness," he said.
Last year, about 160,000 people visited the National Aquarium and Marineland, but only 23,000 did art deco walking tours, he said. Marineland attracted 46,000 visitors last year.
Mr Lawson said he had never swum with Kelly, or former poolmate Shona, but he had bought his wife Wendy a swim as a birthday present.
Mr Macdonald said there was no rush to get in and swim just yet - Kelly is still going strong 27 months after her pool-mate died.
- HAWKE'S BAY TODAY