Kayaker Timothy Stewart, who was filmed by drone swimming with a 3-4m orca, says the "orca waltz" was something he will never forget.

"My natural spontaneous reaction to feel at one with them pulled me into the water, and gazing into the open mouth of my dance partner showing her teeth was surreal," he says.

"She was beautiful and I felt at peace. I think towards the end my mind had a thought of her getting carried away and possibly pulling me down for a tango. I headed back to the kayak slowly not realising she was following on my heels."

www.topview.co.nz TopVIEW Photography captured stunning footage of this rare encounter.

Stewart says he didn't dare swim with the calves before making sure the male bull was okay with his presence.

"I paddled to him first and let him swim around and beside me as he did showing me he had no concerns.

"I knew that if the bull had a problem with me he would have investigated my presence as any human father would."

topVIEW Photography A topVIEW Photography drone captured an incredible interaction between a swimmer and an orca.

Stewart said his recent filmed swimming encounter, near Whangaparaoa peninsula in Auckland's north on Monday, was his third with orcas, and and he had enjoyed surfing, windsurfing and diving with pods of dolphins many times.

He says, in a Facebook post, he encountered a pod of orcas while scuba diving off Army Bay 23 years ago. A 9 metre bull "pinned" him to the ocean floor, "head to head for several minutes."

TopVIEW Photography drone pilot Sam Kynman-Cole said he was "totally stoked" to have captured Stewart's latest encounter.

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"It's something I've practically dreamed of. For a long time I've hoped I could be in the right place at the right time," he says.

"I like paddle boarding and every time I go out I'm hoping dolphins or orcas will come up to me, and I always make sure I have a GoPro with me, but until [Monday] I haven't managed to capture anything great."

Stewart and the orca appeared to interact before he swam back to the kayak, which was slowly being blown towards rocks.

The pod was spotted swimming along the coastline from Red Beach to Army Bay, between around 3pm and dusk on Monday, with many beach-goers enjoying the display from shore.

The whale and dolphin watch Whangaparaoa Facebook group was buzzing with posts and comments, and many took to the beaches to try and see the pod.

The orca appeared playful in its interactions, but comments on Facebook have been quick to point out the potential danger of the situation, as well as the marine mammal protection laws.

"Stunning effect, but breaking the law, which is there for a reason. If something had to happen, the orca would be blamed," Andrea Webb says in a comment.

Others have jumped to Stewart's defence, with Tina Staines saying, "Flippin' awesome! Good for you and good on you for being respectful, having fun and doing what nature intends".

Under the Marine Mammals Protection Regulations 1991, it is an offence to swim within 100 metres of a whale, orcas included.

The potential penalty for breaching the regulation is a $10,000 fine.

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