It’s been called a landmark move for environmental law and one that has been inspired by the legacy of the late Maori King; it’s also one that’s been drawn up in the offices of a London law firm on the River Thames – the one-time whale-oil industry capital of the world. This is, of course, the development of the groundbreaking new bill to grant whales and other cetaceans legal personhood.

The initiative, which will support governments to confer such status on whales and other cetaceans, takes not only a page from the teachings of Tūheitia Pōtatau Te Wherowhero VII – the late Maori King – and the historic Ocean Declaration agreement signed earlier this year, but comes with the chance to “redefine humanity’s relationship with the entire natural world.”

Called Te Mana o Te Tohorā (which translates to “the enduring power of whales’), the proposed legislation offers a pathway for nations to adopt similar laws and contribute to a global movement recognising the rights of nature. 

Developed by the Pacific Whale Fund in collaboration with Simmons & Simmons London and Ocean Vision Legal, the law intends to set a new global benchmark for environmental protection. The framework centres on the concept of a ‘legal person’ – an entity acknowledged as having “standing” within the judicial system, a status traditionally reserved for humans, community organisations, and corporations.

“Te Mana o Te Tohorā provides a compelling model for how rights of nature frameworks can be used to protect the ocean and recognise the interconnectedness of all living beings,” said Michelle Bender, an expert in the rights of nature from Ocean Vision Legal, who helped draft the bill. “By integrating Indigenous values and perspectives, the bill offers innovative solutions to protecting whales and their habitats while honouring the crucial role of Indigenous peoples and local communities as guardians of the ocean.

“Te Mana o Te Tohorā demonstrates how we can create more effective, just, and holistic legal frameworks by drawing on centuries of Indigenous wisdom.”

The bill has been drawn up as a pro bono initiative supported by the London lawmakers Simmons & Simmons, going some way to highlight the shifting perspectives on the UK’s long and potted history with whales. It’s a conflicting and storied tale, hinged on the fact that London was once considered a central hub for the UK’s whale oil industry.

The launch of the legislation bridges the Pacific and the United Kingdom in a powerful act of reconciliation, said the Maori conservationist, Mere Takoko, chief executive of the Pacific Whale Fund.

“Historically, European powers, including Britain, decimated whale populations in the Pacific. Presenting Te Mana o Te Tohorā in the capital marks a significant step towards acknowledging this past, reconciling with our history, and forging a new path of cooperation for ocean conservation,” said Takoko.

“And where whale oil once illuminated [London’s] streets, the bill illuminates a path towards respecting and protecting these ocean giants who are considered ancestors by Maori. We aim to catalyse a global shift in how we perceive and protect whales.”

Created to actively support the royal houses of Polynesia in their leading efforts to confer legal personhood on whales and protect their ocean home, the Pacific Whale Fund brings a shared commitment to whale conservation and believes this legal initiative offers a unique opportunity to forge stronger alliances between the United Kingdom and the Pacific. It also intends to invite Middle Eastern and Mediterranean nations into the initiative in due course.

“It’s about seeking to protect whales through a lens of respect, reciprocity, and shared responsibility,” said Takoko.

For the part that Simmons & Simmons – an international law firm best known for its work in banking and finance, investment fund, and life sciences – has played in the development of the bill, Te Mana o te Tohorā represents a “significant advancement in UK legal approaches” by building on existing protections for whales and dolphins, while “going further to recognise their sentience, complex social structures, and vital ecological roles,” said Rob Allen, a partner at the law firm.

“This legislation challenges outdated legal frameworks that view these beings as mere resources, providing a blueprint for a new era of legal recognition and respect for all ocean life.”

While the initiative has been widely praised, questions remain about how legal personhood will be implemented across jurisdictions, particularly considering that the migratory nature of whales exposes them to varying levels of protection. Achieving consistent enforcement will require international cooperation.

The group behind the bill therefore hopes the legislation will encourage nations to align their conservation policies and strengthen protections for marine life.

The Te Mana o Te Tohorā initiative reflects a growing recognition of nature’s rights within legal systems. New Zealand’s Te Awa Yupua Act 2017 gave the Whanganui River legal personhood, a settlement reflecting years of negotiations between the Maori and the government under the Treaty of Waitangi. Similarly, New Zealand’s Te Urewera National Park was granted personhood in 2014, giving it legal standing to protect its forests, mountains, and lakes.

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