Researcher wants more NZ ecosystems granted legal personhood

A senior researcher at Otago University wants the notion of legal personhood for the environment "taken further" in an effort to stem global biodiversity loss.

Dr Viktoria Kahui — a senior lecturer in environmental economics at the University of Otago — said it would be "amazing" if every community and iwi would be able to give legal personhood status to their treasured backyard.

"New Zealand is a bit of a global leader in the sense, because [of] the Whanganui case [which] has been a benchmark for picking up the Atrato River in Columbia and the Magpie River in Quebec."

Cases in Aotearoa included the Whanganui River and Te Urewera in 2017, which would provide long-term protection and restoration as a person in the eyes of the law.

The process for Taranaki Maunga was currently underway.

She said the term "legal personhood" mainly referred to organisations and charitable trusts in corporate society but has since been extended in a number of cases to grant legal rights to the environment.

"The distinguishing feature there is they can enter into contracts, own property, sue and be sued, so we're quite familiar with the concept in terms of organisations and charitable trusts."

Of the 14 global case studies included in her research, Kahui found indigenous people were overwhelmingly the advocates for nature due to long-standing land conflicts.

"When we looked at the differences between the cases, they vary quite a bit. Primarily in the legal framework, but also in who are the legal guardians."

She said New Zealand "stood out" in this respect because the country reflected te ao Māori in the close connection between the Whanganui River and its iwi.

She said it would be amazing if every community and iwi in the country were able to make its own backyard a legal person.

"In New Zealand, we have this opportunity to stem the loss of biodiversity. I would love to see this being taken further."

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