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What if whales took us to court?

29 April 2024

Indigenous leaders from Aotearoa New Zealand and the Cook Islands recently signed He Whakaputanga Moana, a treaty recognising whales as legal persons.

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Kaupeka Ture | Faculty of Law lecturer Rachael Evans discusses this topic on The Conversation: read the article

This declaration, rooted in tikanga Māori (Māori customary law), aims to protect whales’ rights to migration and integrate Indigenous wisdom into science-based conservation efforts, distinct from previous legal recognitions of natural entities like rivers and mountains. The declaration allows for the establishment of a fund dedicated to whale conservation. 

The concept of legal personhood for natural entities opens the door for new kinds of environmental protections, with the potential for whales to sue for issues such as plastic pollution and other climate change impacts on their habitats. 

Disclosure statement 

Rachael Evans previously worked for Te Kura Taka Pini Ltd, of which the co-chair was Lisa Tumahai, the former Chair of Ngāi Tahu, mentioned in the article.


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