Adapting Natural Resources management to changing Societal needs through Evolving Property Rights

Legal personality and economic livelihood of the Whanganui River: a call for community entrepreneurship

“…first introduced the idea of humans providing legal personhood to non-human objects and particularly to natural elements, such as trees. According to Stone, legal rights could be used by guardians to claim redress and restitution for environmental damages on behalf of nature and/or nature's non-human objects (see also Chan, 1988Chan, , 1989Hogan, 2007;Morris & Ruru, 2010). Stone instigated the development of scholarship pursuant to the outcome of the US Supreme Court case Sierra Club v. Morton (405 [1972] US Supreme Court 727, paras.…”

“…Based on the Māori historic, cultural and religious background, humans and nature (particularly the river) are intertwined (Chan, 1988(Chan, , 1989Mathews, 2018;Morris & Ruru, 2010;Tomas, 2011). The Act recognizes the close relationship of the Māori to the river by acknowledging the principle of ko au te awa, ko te awa ko au (I am the river and the river is me), as well as their aspiration to be actively involved in the management and protection of the river.…”

“…Respect for nature is inalienably connected with respect for human life in a value system which requires human societies, economies and legal systems to equally serve nature's and humans' well-being, which should be 'mutually enhanced' in a 'social contract with nature' (Daly, 2016, t.o. 64; see also Burdon, 2010;Teubner, 2006;Chan, 1988;1989). Such 'mutually enhancing relationships' reject a normative framework which 'posits "abstract" categories or doctrines as the highest authority in human society', which are human 'self-validating', and the idea of 'private property as a mechanism that authorizes human exploitation of nature and the non-recognition of rights outside of the human community' (Burdon, 2012, p. 31; see also Cullinan, 2008;Chan, 1988;1989).…”

“…64; see also Burdon, 2010;Teubner, 2006;Chan, 1988;1989). Such 'mutually enhancing relationships' reject a normative framework which 'posits "abstract" categories or doctrines as the highest authority in human society', which are human 'self-validating', and the idea of 'private property as a mechanism that authorizes human exploitation of nature and the non-recognition of rights outside of the human community' (Burdon, 2012, p. 31; see also Cullinan, 2008;Chan, 1988;1989). This reciprocity does not constitute moral superiority on either sidethat is of nature or humansalthough it recognizes that nature preceded human life and humans have grown and developed to become part of a living system.…”

“…This reciprocal relationship between nature and humans results in the development of a system where Te Awa Tupua is a singular entity comprising many elements and communities, working collaboratively for the common purpose of the benefit of Te Awa Tupua, upholding and protecting the vitality of the Whanganui River and its health and well-being for the benefit of future generations. The maintenance and continuity of the relationship between the unlimited lifespan of nature with the limited lifespan of humans' present and future generations also comprises part of the Māori responsibility to nature (Chan, 1988(Chan, , 1989Tomas, 2011).…”