In New Zealand, this river and park are legal persons | Jacinta Ruru | TEDxChristchurch

Summary

This video discusses the concept of legal personality, which was granted to New Zealand's Te Urewera National Park in 2014 and the Whanganui River in 2017. The speaker highlights how this legal recognition aligns with Māori beliefs, where land and water have their own identities and life forces. It reflects a significant step towards reconciliation, recognizing indigenous perspectives and reimagining society's relationship with nature. The concept offers an alternative to human dominance over nature and could serve as a model for other countries aiming to address colonial legacies and environmental protection.

Takeaways

• 🌏 Legal personality was granted to Te Urewera National Park in 2014 and to the Whanganui River in 2017 in New Zealand, recognizing them as legal entities with rights and responsibilities.
• 🌿 This legal shift aligns with the Māori worldview, which sees nature as having its own personality, deeply connected to spiritual entities such as sky father Ranginui and earth mother Papatūānuku.
• 🤝 The recognition of legal personality for these natural entities is part of New Zealand’s broader reconciliation efforts under the Treaty of Waitangi, aiming to address colonial injustices.
• ⚖️ Legal personality disrupts traditional legal systems that have historically marginalized Indigenous perspectives, offering an alternative view of sovereignty and stewardship over nature.
• 🏞️ The decision reflects a shift towards integrating indigenous knowledge and values into legal and environmental practices, providing a profound alternative to Western notions of land ownership.
• 💡 Legal personality for natural features like Te Urewera and the Whanganui River is seen as a step toward disrupting centuries of racism and colonial bias in legal systems.
• 📜 The Treaty of Waitangi, signed in 1840, intended to foster respectful coexistence between the British Crown and Māori tribes, but true reconciliation is only now being realized through such initiatives.
• 💬 The recognition of legal personality for nature neutralizes debates around ownership between the Crown and Māori, establishing that these places own themselves.
• 🌊 This legal concept has sparked global interest, with attempts to grant legal personality to other natural entities like the Ganges River in India and the Colorado River in the U.S.
• 🛡️ Legal personality goes beyond environmental protection, aiming to reconnect people with nature and reset the relationship between humans and the environment, as seen in New Zealand’s evolving management practices for Te Urewera.

Q & A

What is legal personality in the context of the environment?

Legal personality refers to the recognition of natural entities, such as rivers or national parks, as legal persons with rights, duties, and responsibilities. In New Zealand, this concept was applied to the Te Urewera National Park and the Whanganui River, granting them legal status as individuals.

Why is legal personality significant for indigenous peoples in New Zealand?

For the Māori, indigenous peoples of New Zealand, the concept of legal personality aligns with their worldview, where land and water are seen as living entities with their own identity and significance. It helps address colonial injustice by recognizing Māori values and reconnecting them with their ancestral lands in a legal framework.

How does legal personality in New Zealand differ from similar initiatives in other countries?

In New Zealand, legal personality stems from the Treaty of Waitangi settlements and is deeply connected to the Māori perspective of land and water. This differs from other countries, like India or the United States, where legal personality for rivers, such as the Ganges or the Colorado, is driven by environmental protection rather than indigenous reconciliation.

What does the speaker mean by 'neutralizing the debate around ownership' through legal personality?

By granting legal personality to natural entities like rivers and parks, the legal system avoids the contentious issue of whether the land is owned by the Crown or the Māori. Instead, these entities 'own themselves,' shifting the focus from ownership to stewardship and protection.

What role does the Treaty of Waitangi play in legal personality in New Zealand?

The Treaty of Waitangi, signed between the British Crown and Māori tribes in 1840, is a foundational document for coexistence. Legal personality for natural entities is part of the government's recent efforts to honor the treaty and move towards true reconciliation with Māori communities.

Why does the speaker believe the legal personality concept is transformative?

The speaker believes legal personality disrupts traditional colonial legal frameworks that have historically oppressed Māori people and their connection to the land. It introduces a new way of thinking, one that respects Māori traditions and challenges the human presumption of sovereignty over nature.

What is the historical significance of the Whanganui River for the Māori people?

The Whanganui River holds great ancestral importance for the Whanganui iwi (tribe), and they consider the river an indivisible whole, both physically and spiritually. Recognizing the river as a legal person honors its central place in Māori culture and spiritual life.

What changes have occurred in the management of Te Urewera since it became a legal person?

Since gaining legal personality, Te Urewera is now managed by a governance board that includes representatives from both the Tūhoe Māori tribe and the Department of Conservation. The focus has shifted from managing the land itself to managing human interactions with it, guided by a Māori perspective.

How does the legal personality concept relate to the speaker’s personal experiences?

The speaker, who grew up in the natural landscape of New Zealand, noticed the disconnection between the Māori heritage of the land and the way it was taught and named. Legal personality resonates with their desire to see the land and waters recognized for their historical and spiritual significance to Māori.

What impact has legal personality had on New Zealand's legal and social systems?

Legal personality has begun to reshape New Zealand’s legal and social systems by embedding indigenous perspectives into law. It offers a model for reconciliation by respecting Māori values, challenging colonial frameworks, and encouraging other countries to rethink their relationships with indigenous peoples and the environment.