Why a river in New Zealand is being granted ‘legal personhood’

Tuesday, September 27, 2016

by : "It’s a common lament to hear from freshwater conservationists: if only our rivers and lakes had better legal protection in response to the many pressures they face. In New Zealand, a new piece of environmental legislation is intended to do just that, by taking the unprecedented step of granting a river the legal rights of a citizen.

Flowing across North Island, the Whanganui River is New Zealand’s third longest river, and supports rich biodiversity. The river is closely woven into local Maori cultures, and regarded as a ‘taonga‘ – a site of special and spiritual importance. Local Maori tribes have long argued that they own the Whanganui River, which has faced pressures from gravel extraction for over a century, and more recently has been threatened by hydroelectric dam proposals.

The Whanganui River legislation, called the Te Awa Tupua bill, is currently moving through parliament. If passed (which appears very likely), the bill would grant the river ‘legal personhood’, that is the right for the Whanganui tribe to speak for the river in the country’s courts, and to file lawsuits on its behalf when environmental protections are not upheld. This approach could be seen as a type of co-management, through which the rights of the river, and its health and diversity, are upheld through shared decision-making involving local Maori tribes."

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