A parliamentary bill introduced in Aotearoa New Zealand is seeking to fundamentally reshape how whales are protected in law, proposing that cetaceans be recognised as legal persons with inherent rights. It’s a move that – if granted at a domestic level – could shape our approach to nature rights across the globe.

Green Party MP Teanau Tuiono this week launched his Member’s Bill, the Tohorā Oranga Bill, which would require decision-makers across environmental and maritime law to recognise and uphold the rights of whales.

“Our tohorā are sacred ancestors for many communities across Te Moana Nui a Kiwa, but they are under threat from commercial fishing, pollution, and climate change.” said Teanau Tuiono.

Under the Bill, whales would be recognised as having rights including freedom of movement and migration, protection of natural behaviours, and the ability to thrive in a healthy marine environment. These principles would be embedded into existing legal frameworks, influencing decisions around fishing, shipping, seabed mining, and coastal development.

“This Bill represents a transformation in how we protect our marine species and the wider moana, to create a law that would protect whales by legally recognising their mana.”

Grounded in te ao Māori, the legislation adopts a relational, values-based approach rather than a purely extractive or harm-reduction model of conservation.

“The Bill describes te mana o te tohorā through five fundamental principles: Freedom of movement and migration, protection of natural behaviours, protection of social and cultural structures, right to a healthy environment, and the right to restoration and regeneration of habits and ecosystems.”

Ocean advocates working at the intersection of Indigenous rights and marine protection have welcomed the Bill’s introduction. Michelle Bender, an Ocean Rights Champion and a Steering Committee Member of the UN Ocean Decade, has described the moment as both historic and community-led, emphasising that the Bill builds on years of Indigenous leadership across the Pacific.

“We are excited to hear this news and report the progress achieved by local community members in advancing the rights of whales in New Zealand. This effort stems from the He Whakaputanga Moana Declaration, cultivated, led and signed by Indigenous leaders across the Pacific. This Declaration has served as the foundation for many communities and entities working to advance the Declaration in different forms and jurisdictions.”

Supporters say the proposal represents the first formal attempt in the Pacific to codify the mana and rights of whales through national legislation. In 2022, the Loyalty Islands Province of New Caledonia had passed legislation to recognise sharks and sea turtles as natural entities subject to rights, including a healthy environment. However, that legislation was later found invalid due to lack of legislative authority.

Tuiono underscored that the Bill follows Indigenous stewardship of the ocean.

“Indigenous peoples are the enduring kaitiaki of our moana. When we follow their lead, we can protect our precious species and the places they call home.”

The Bill acknowledges its origins in He Whakaputanga Moana, guided by Ngāti Wai, and the foundational work of Hinemoana Halo, while recognising Indigenous connections across Te Moana Nui a Kiwa and beyond.

A rights of nature approach

The Tohorā Oranga Bill also reflects the growing global movement to recognise the rights of nature – a legal philosophy that challenges anthropocentric environmental law. Pooja Sharma, director of legal advocacy and policy at Earth Law, says the concept is rooted in Indigenous stewardship and reciprocity.

“The essential concept of rights of nature is rooted in indigenous wisdom, stewardship and reciprocity and is based on the idea of how do we grant non-human species and ecosystems the right to exist, flourish and regenerate without human intervention,” she said.

Whereas existing environmental law standards are more commonly integrated into our legal system, rights of nature is not quite so anthropocentric. The concept of Earth law recognises, instead, the inherent right for this ecosystems to exist.

“So it takes an ecocentric approach in protecting our environment,” she added.

Often, legal personhood often centres on species with deep ecological, cultural, and spiritual significance; keystone species that are a natural benchmark because of their role in the food web, such as salmon, whales, and apex predators like sharks.

“What’s really cool about the rights of nature movement is that through it, you’re thinking long term about the future; about regenerative futures and advocating for legal personhood.”

While implementation remains a challenge, Sharma has stated that it is through moments such as that now in New Zealand, that we can see just what can be done on a global scale to protect the Earth.

The Bill will now enter New Zealand’s parliamentary ballot process. While its passage is uncertain, advocates say its introduction alone marks a significant shift in ocean governance.

“By recognising the mana of tohorā, this Bill represents a transformation in how we protect our marine species and the wider moana.” says Teanau Tuiono.

For a nation with a deep maritime identity and a growing legacy of Indigenous-led environmental law, the proposal signals a new way of imagining ocean protection.

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