Legal personhood of the Whanganui Awa: To what extent has the Te Awa Tupua Act 2017 influenced decision-making for activities that affect the Whanganui River? : A dissertation submitted in partial fulfilment of the requirements for the Degree of Master at Lincoln University

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Abstract

The survival of Indigenous peoples is directly associated with their sustainable interaction with the land and the beliefs and practices tied to that place. However, as a consequence of colonial conquest and state expansion, Indigenous peoples have been systematically marginalised and excluded from planning, decision-making and management processes. Since the 1980s, however, there has been a resurgence to transform planning systems towards self-determination for Indigenous people. This resurgence includes re-shaping environmental governance to support the inalienable connections between Indigenous peoples and their ancestral places, resources, and environments. Over the last four years, the decision to grant legal personhood status to natural entities has gathered global momentum, with examples of national parks and rivers receiving legal rights in the USA, India and Australia. However, it was here in Aotearoa, New Zealand, that first initiated this movement, with the granting of legal personhood to the forest of Te Urewera in 2014. New Zealand then became a world-first when parliament established the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, which granted a river (the Whanganui River) with "all the rights, powers, duties and liabilities of a legal person" (s 14, TATA 2017). This action was part of a Treaty of Waitangi claim settlement between the Crown and Whanganui Iwi, which recognised the special relationship between the Whanganui Iwi and the Whanganui River through cultural and financial redress. Since the enactment of Te Awa Tupua, many researchers have commented on the significance of legal personhood, with some stating that Te Awa Tupua is a way to achieve an eco-centric framework while still using anthropocentric tools (legal rights). Ngā Tāngata Tiaki o Whanganui, the post-settlement governance entity for Te Awa Tupua, hold that the Act is a way to bring together multiple and competing values in the management of the Whanganui Awa for the purpose of protecting and enhancing the health and wellbeing of the Awa. It has now been over four years since the enactment of Te Awa Tupua; however, there has been no research on the implications this legislation is having on the ground. This dissertation seeks to determine whether the Te Awa Tupua Act 2017 has a tangible difference in how planning is being carried out. Specifically, this dissertation investigates the influence of the Te Awa Tupua Act 2017 on the decision-making process of business owners, private planning consultants, public sector planners and Crown entities in regard to activities that affect the Whanganui River.