In Aotearoa New Zealand, the majestic Whanganui River flows from Mount Tongariro to the west coast of the North Island. For Māori tribes, this river is more than just a body of water—it is a revered ancestor with its own presence and voice. This deep spiritual connection makes the river’s well-being crucial, not only from an environmental standpoint but also culturally and spiritually.
In 2017, the Whanganui River—known as Te Awa Tupua—achieved a historic milestone by being recognized as a legal person. This status, which acknowledges it as a “spiritual and physical entity,” allows the river to be represented in court. Since then, this revolutionary idea has gained traction globally, with various natural entities, including rivers, mountains, and forests, being granted similar legal statuses.
The Impact of Legal Personhood on Māori and Global Perspectives
For many Indigenous communities, the recognition of natural features as legal persons aligns closely with their values and worldview. However, some view it as a peculiar strategy that may not fully address the complexities of how humans interact with nature. Rachael Evans, a legal scholar from the University of Canterbury and a member of the Ngāti Tama and Ngāti Pamoana iwi, highlights the disconnect between Western legal systems and Māori perspectives.
“Under New Zealand law, nature is compartmentalized into various parts—minerals, soil, riverbed, flora, and fauna,” Evans explains. “This fragmented approach, driven by capitalism, treats nature as a collection of exploitable resources, which is alien to Māori thinking.”
For Māori, being part of nature is integral to their identity. Their concept of whakapapa (genealogy) intertwines with the land, making the environment an extension of their ancestors and themselves. This holistic view contrasts sharply with the compartmentalized perspective of Western systems, which Evans argues has contributed to the climate crisis by alienating people from the land.
Recent Developments: Taranaki and Te Urewera
In September 2023, the Taranaki mountain, a snow-capped volcano on New Zealand’s North Island, was granted legal personhood by Ngāti Tama and seven other iwi. For Māori, Taranaki embodies mana—spiritual power and prestige. The legal status aims to acknowledge and protect this mana, enhancing efforts to revive endangered species like the North Island kōkako.
Similarly, in 2014, Tūhoe made headlines by securing personhood status for Te Urewera, a misty rainforest. This historic move marked the first time a natural feature gained legal personality, challenging previous national park governance that excluded Tūhoe from decision-making.
The Debate: Legal Personhood as a Revolution or Distraction?
As legal personhood for natural entities becomes more mainstream, debates continue about its effectiveness. Jessica Hutchings, an Indigenous food systems expert and member of the Ngāi Tahu and Ngāti Huirapa iwi, questions the utility of this legal status.
“Legal personhood is just a tool within a colonial framework,” Hutchings asserts. “While it might offer some protection, it doesn’t address the deeper issues of how we relate to nature.” Hutchings advocates for a shift towards more reciprocal relationships with nature through practical actions and education, such as Hua Parakore (Māori organic growing).
Reimagining Environmental Protection: A Holistic Approach
The growing trend of granting legal personhood to natural features prompts a re-evaluation of our environmental protection strategies. Anna Grear, a law professor from the University of Waikato, argues that humanity’s entitlement to model nature may be misguided. Instead, she advocates for a framework where humans are seen as part of a dynamic material world, rather than its central masters.
Rachael Evans remains hopeful that the increasing recognition of legal personhood will pave the way for broader environmental reforms. “While we may not see a comprehensive suite of legal personality mechanisms, there is potential for Māori principles, such as tikanga and kaitiakitanga (guardianship), to influence future environmental and climate legislation,” Evans says.
