Learning from Whanganui

LEARNING FROM WHANGANUI

BY GRANTING NATURAL ASSETS PERSONHOOD, CAN WE BETTER PROTECT PEOPLE AND THEIR ENVIRONMENT? OLIVER HESTER

CONTENTS INTRODUCTION / FILM EXTRACT AND THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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THE MISTAKES / THE CURRENT APPROACH AND WHAT CAN BE DONE . . . . . . . . . . . . . . . . . . . . . . .

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THE CASE / THE STORY OF THE WHANGANUI WHAT IT WAS AND WHAT IT IS NOW. . . . . . . . . . .

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THE DISPUTE / THE INTRODUCTION OF THE WATER INLET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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LEARNING / WHAT CAN BE BROUGHT FORWARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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BIBLIOGRAPHY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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OLIVER HESTER STUDENT ID: 15023656 AR7003 INTERPRETATIONS ARCHITECTURE AND JUSTICE MODULE LEADER DR. NABIL AHMED | N.AHMED@LONDONMET.AC.UK LONDON METROPOLITAN UNIVERSITY ARCHITECTURE AND DESIGN DEPARTMENT JANUARY 2017

LEARNING FROM WHANGANUI

“ KO AU TE AWA, KO TE AWA KO AU, I AM THE RIVER AND THE RIVER IS ME” Ancestral poem, The Encyclopedia of New Zealand.

“The powerful mountains, Tomalino the greatest, and his wife, Mt. Teranaki fell in love with the pihama and other mountain gods, one day they were angry at each other and began spouting flame and smoke. The thunder gods growled and there were dancing lights in the sky. Mountains through up vapor and mists caught fire. Terananki hurried from his angry brothers and left a deep scar in the earth. 1000 springs then healed the scar from Teranaki’s departure. Snow gods sent down streams …

And the Earth Mother sends out her river, out into the western sea into the hands of the sea god Tangaroa, and the winds of the ocean takes these waters to where sea meets sky, and gives them back to the heavens where dwells the Sky Father from whom these waters first came.” 1 The Whanganui River is to become a person (legal speaking), its history has been fraught with abuse and ownership. The contentious Tongariro Dam project, fed by an inlet from the Whanganui river has reignited an age old way of thinking. Personhood for this river challenges Western ideals of ownership, and suggests an alternative approach to the Natural Asset.

“It has always been an ancestor to us and we haven’t ever needed recognition and law to that particular affect, our people descend from the natural resource of the river, it is in our genealogy. I am as much related to the river as my brothers sisters and cousins are, and it is my ancestors human form” 2

1 Mount Tongariro source of river FILM 1952 https://www.nzonscreen.com/title/the-legend-of-the-wanganui-river-1952 2 Albert, G speaking in a Huffington post live broadcast. (2012). New Zealand’s Whanganui River Gains A Legal Voice. Available: http://www. huffingtonpost.com/2012/09/18/new-zealand-whanganui-river_n_1894893.html. Last accessed 22nd Jan 2017.

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fig. 01 / James Cook’s map explored 1769 - 1770.

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THE MISTAKES THE CURRENT APPROACH AND WHAT CAN BE DONE

This essay looks at the Whanganui iwi 3, a group of tribes people 4, located on the North Island of New Zealand. It looks at how the Whanganui 5 River is being granted personhood through various tribunals and engagements. This essay will demonstrate the case has potential to affect the wider global environment and political climate.

Personhood is loosely defined as the status of being a person, this ‘status’ is a continuing development in the field of philosophy and anthropology, and is forever evolving and changing with new laws, legislations and mindsets. Personhood can be appropriated to natural objects, Stone, in ‘Should trees have standing’ 6 discusses the nonperson in law, and the potential to establish guardians for future generations. The approach of management of natural assets such as forests and rivers is strained, with the continuing increase in demand for natural resources. Ownership of such resources is contentious, and they are often controlled by privately owned Multi National Corporations, making them into commodities and assets. Forests are reducing and our association with nature is becoming lost. In ‘How forests think’ 7 Eduardo Kohn challenges the current body of anthropological research and what it is to be human. Concepts of these works are considered throughout the essay but a spatial investigation is focused on.

Water provision throughout the world is currently inadequate, with the UN declaring in 2010 “all humans have a right to water, but 884 million people are still without access to safe drinking water” 8. Humanity is dependent on the nature we live in, at a conference on the world summit on sustainable development (2010), this was made clear; “Life, land, clean water and clean air are more precious than gold. All people depend on nature for life.” 9

Indigenous peoples have many advanced technologies, theories of the person and their rights to nature.

These are forward thinking and pioneering ideas that have been, to outside eyes, lying dormant, but have been ever present in their minds, outlooks and beliefs. These spiritual ideas, contain a deeper connection to the environment in which the iwi 10 exist; these concepts are however foreign to a Western perspective of ownership.

3 In Maori, Iwi can be defined as a people or nation, originating from the ancestral links to Polynesian migrants.

4 Whanganui river bank dwelling tribe name. Named Te Atihaunui-a-Paparangi (direct translation - warriors of Paparangi) 5 Pronunciation varies between Indigenous iwi (native person, Maori) and Pakeha (white new Zealander) not Maori, colonial. ‘For over 50 years we have applied a universal national standard for Maori Language pronunciation - an equivalent of “standard English” or “the Queen’s English … closer to the sound denoted by the spelling adopted by the early nineteenth century missionaries” Humphrey, H. (2015). Letter writers at ready: Wanganui vs. Whanganui. Radio New Zealand. http://www.radionz.co.nz/news/national/270741/letter-writers-at-ready-wanganui-vs-whanganui 6 Stone, CD (1996). Should trees have standing?. 25th ed. New York: Oceana Publications.

7 Kohn. E (2013). How forests think - Toward an Anthropology beyond the Human. California: University of California press.

8 http://www.un.org/waterforlifedecade/human_right_to_water.shtml Last accessed on 23rd Jan 2017 9 Alier, JM. (2002). The Political Economy of Sustainable Development: Environmental Conflict, Participation and Movements. The Environmentalism of the poor. Conference in association with United Nations Research Institute for Social Development (UNRISD) and University of Witwatersrand p35.

10 Iwi described as “peoples or nations, but often translated as ‘tribes’” Ballara, A (1998). Iwi: The Dynamics of Māori Tribal Organisation from C.1769 to C.1945. Wellington: Victoria University press. Back cover.

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Colonial discoveries in the late 17th and 18th century have shaped the ethnography in the Whanganui region, where ownership and rights are continually questioned. Various disputes have occurred along the river, this piece has a specific interest in how the river has been used for power generation, by damming and diverting the rivers flow. Testing the relations between the iwi and pakeha 11.

Threading aspects of Cartography throughout the essay, we understand how mapping has a direct affect on natural objects. New Zealand’s history has been shaped by these methods of representation, from the initial discoveries of the Polynesian migrants to the present day. Mapping these objects informs the legal framework and bodies that surround the object in question. In New Zealand water is in abundance, surrounding the country and carving through its land. This abundance has led to the ownership and abuse of water, the topic of ‘personhood’ sounds new, but is embedded in the subconscious of every human. Currently multinational companies and western ideas of ownership and rights are not satisfactory. This text investigates the personhood case of the Whanganui River, using it as a model to test renewed methods of management and ownership of natural objects. Extrapolating these ideas, an Architectural analysis and a spatial relationship is tested.

THE RIGHTS OF NATURE

Writing about the topic of personhood, one needs to have an understanding on the current debate of the rights of nature. Introducing the main concepts helps to understand where the personhood case sits within the greater environmental law framework.

In ‘Should Trees have Standing’ 12, Stone mentions how the topic of rights of nature “is a tradition of legal and political scholars advocating legal standing for the natural environment”. This approach breaks away from the current legal system, of the environment being an owned property, it seeks to legalise and manage the environment rather than abusing it. The first case where this is documented is between the Sierra club (SC) 13 vs. Morton 14, in regard to the proposed ski resort in Mineral King Valley in the Sierra Nevada Mountains, California. Morton lost to SC (represented by W.O. Douglas 15) the rights for inanimate objects in this valley were preserved. “With all respect, the problem is to make certain that the inanimate objects, which are the very core of America’s beauty, have spokesmen before they are destroyed” 16. These remarks go further than just benefitting us and show that they are legally recognised objects with dignity. In 2008 Ecuador became the first country to write into its constitution 17, that natural objects have rights, stepping closer to changing the relationship that law and the environment have.

11 Translation from Maori (Pakeha– White New Zealander.)

12 Stone, CD (1996). Should trees have standing?. 25th ed. New York: Oceana Publications.

13 An environmental organization based in the USA, with an aim of Environmental preservation of the Mineral King valley, amongst other natural objects.

14 Rogers Clark Ballard Morton an American Republican politician serving as the U.S secretary of the Interior from 1971 to 1975 under president R.M Nixon and Gerald R. Ford jr.

15 William O. Douglas represented The Sierra Club, he is an American politician, saying that “inanimate objects should have a standing in court” Sierra Club v. Morton, 405 U.S. 727 (1972) 16 Page 405 U. S. 745 17 NATIONAL ASSEMBLY LEGISLATIVE AND OVERSIGHT COMMITTEE (2008). Ecuadorian Constitution. Ecuador: Official Register.

Title 2: Rights Chapter seven: rights of nature. Available on http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html English translated version. Last accessed on 22nd Jan 2017

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“All persons, communities, peoples and nations can call upon public authorities to enforce the rights of nature” 18.

Personhood is different however, as this associates the natural object as a person and not as an individual natural object, which can be owned, as we cannot legally ‘own’ a person. Opening up many interpretations of the personhood framework.

18 NATIONAL ASSEMBLY LEGISLATIVE AND OVERSIGHT COMMITTEE (2008). Ecuadorian Constitution. Ecuador: Official Register.

Title 2: Rights Chapter seven: rights of nature. Available on http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html English translated version. Last accessed on 22nd Jan 2017

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fig. 02 / The Whanganui River from the Encyclopedia of New Zealand

fig. 03 / Map of Polynesian migrant movements from Taiwan to New Zealand

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THE CASE THE STORY OF THE WHANGANUI WHAT IT WAS, AND WHAT IT IS NOW ORIENTATION

On New Zealand’s North Island the Whanganui river flows in the Mwanatu – Wanganui region, which is split between the territorial authorities of Wanaganui 19, Ruapehu and Taupo, it is the third longest river in New Zealand, and the country’s longest navigable river, a fact that determines much of its modern history.

The source is close to Mount Ngauruhoe an active volcano. The majority of the upper reaches of the river are within the Whanganui National Park, flowing North West it passes Taumarunui a town with a population of 2,274 (2013 census 20), it then flows through King County, a mountainous region with currently few inhabitants, although prior to colonial interventions, was the most populous region in the North Island. The river is thought to have been discovered by Tamatea 21. Throughout its history it has been a vital artery into the center of the North Island, used by indigenous Maori iwi and colonial inhabitants as a method of transport to the center of the North Island. The introduction of the North Island main trunk (NIMT) provided a railway service to Taumarunui, reducing the need for the river. The main industry became forestry, and there were a variety of attempts to introduce agriculture, but with little success.

THE TIMELINE

The Whanganui River has been inhabited and used in many different ways throughout its history. Looking at the river as a build up of layers over time, the importance of this case begins to be unpicked.

The 13th Century marks the beginning of the inhabited New Zealand we know today, Polynesian migrants moved south from the modern day Taiwan to the Philippines onwards to Fiji and Tahiti, arriving in New Zealand in the late 13th century. The North Island became increasingly more inhabited and The Whanganui iwi’s settlements along the banks of the river were the most populous regions in New Zealand, with fishing being a vital part of life.

“Before Europeans arrived, Ngai Tahu used to pluck lampreys, a rare species of native fish, from the rollicking falls at the river’s heart.” 22

The 17th and 18th century saw exploration of the major industrial nations. A Dutch crew reached New Zealand first in 1642 23. They were met with hostility from the native tribes and the island was not explored until 1769. Cook 24 mapped the entirety of New Zealand’s coastline, and in doing so is thought to have encouraged hunting groups for whales and seals in the coastal waters, whilst stimulating trade on the mainland. Interactions were often fraught with conflict, however in some cases the traders stayed, becoming part of Maori communities with ranges of social statuses.

19 Translation from Maori meaning of ‘Big Bay’ found in Bauer, W. (2010). THE WANGANUI/WHANGANUI DEBATE: A LINGUIST’S VIEW OF CORRECTNESS. NZACL YEARBOOK. 16 (Naming places), p8.

20 http://www.stats.govt.nz/Census/2013-census/profile-and-summary-reports/quickstats-about-a-place.aspx?request_value=14196&tabname=P opulationanddwellings 21 A Maori headman 22 Mitchell, C. (2016). ‘Rivers are not machines’: How we reached a crisis point. Available: http://www.stuff.co.nz/environment/86293522/Riversare-not-machines-How-we-reached-a-crisis-point. Last accessed 29th Dec 2016.

23 Smith, PM (2012). A Concise History of New Zealand. Australia: Cambridge University Press,. p23.

24 British explorer, naval captain and cartographer in the mid to late 18th century. Achieving the first recorded circumnavigation of New Zealand, and mapping the coastline.

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fig. 04 / Map of PÄ sites from The Whanganui River Report (PÄ - Translation from Maori as village or defensive settlement, often referring also to hills or defensive terraced landscapes, mainly found on the North Island. Along Whanganui River)

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fig. 05 / Colonialists making camp and showing off their hunt Image taken in 1909 and stored by National Library NZ on The Commons

1837, The Wanganui River was first transcribed by colonial powers, becoming a written entity, implying that it could be possessed or owned. The spelling of the river at this time was contentious. “it is clear that the spelling <Wanganui> inaccurately reflects the Māori pronunciation.” 25. The Maori pronunciation said Whanganui, with Colonial ears the spelling was devised, differently to the pronunciation (spelt Wanganui). In quick succession of the River being named and recorded the Crowns purchasing agent, made various agreements with people and tribes who had little or no title to the land concerned 26. This led to ownership by detached stakeholders, with no direct association to the land, which was currently inhabited by the iwi. A major landmark in the case of the river and its surrounding land occurred on the 6th February 1840. Maori chiefs, unwillingly, signed over their indigenous rights to British sovereignty under the Treaty Of Waitangi. The treaty granted the Maori ownership of their lands but crucially they became British subjects 27, typical to colonial exploration. The Treaty Of Waitangi, had various issues, firstly language. Maori and English translations differed considerably and agreements were made and interpreted with little to no continuity. Secondly, the indigenous people, without their consent or knowledge, seemingly lost ownership of the land. Queen Victoria was then made sole owner of the land 28. The Maori reacted to this through language by developing the word ‘Whanganuitanga’ 29 as other conventional methods of challenge were not apparent to traditional tribes.

The purchase of the Whanganui lands occurred in Pakaitore between 1839 and 1848, 86,200 acres were purchased 30. This land court in central Whanganui was a place where all tribes were equal and police were forbidden to enter. Today Motoua Gardens (Pakaitore) acts as a demonstration and activism location, centralising the discussion at the mouth of the River, in the center of the city of Whanganui. Today, however, a governmental police presence is felt.

25 Bauer, W. (2010). THE WANGANUI/WHANGANUI DEBATE: A LINGUIST’S VIEW OF CORRECTNESS. NZACL YEARBOOK. 16 (WANGANUI/WHANGANUI: CHOOSING THE CORRECT SPELLING), p14.

26 Leadbeater, M. (1995). A new wave of Maori activism. Green Left Weekly. 183 (International News) https://www.greenleft.org.au/content/ new-wave-maori-activism last accessed 3rd Jan 2017.

27 A member of the British Empire 28 Burns, P (1989). Fatal Success: A History of the New Zealand Company. London : Heinemann Reed. p153.

29 Signifying the solidarity and collective thought the Maori tribes have of their own authority, ownership and sovereignty of their land.

30 World Future Council . (2016). Recognising nature as a legal person: the Whanganui River in New Zealand . Available: https://www. worldfuturecouncil.org/recognising-nature-legal-person-whanganui-river-new-zealand/. Last accessed 15th Jan 2017.

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fig. 06 & 7 / (Left) Image of Land court, Wanganui, taken in 1860 approx (Right) Crowd of protesters singing in Moutoua Gardens 1995

Infrastructure projects were built throughout the North Island, train links were under construction named the NIMT 31 which was fully operational in 1909. There were other infrastructural modifications; a regular steamboat service on the Whanganui River in 1892 was one. The Whanganui became a popular tourist destination in the beginning of the 20th century, various kainga 32 became appealing as they scattered the banks of the river. Colonialists removed fishing weirs to make way for transport up and down the river, and petitions for the government steamers to stop destroying nets were voiced. The ‘Bridge to Nowhere’ was built, aggregates were taken from the river for its construction, impacting the river’s fish stocks. 1895 marked another crucial moment for the Whanganui River. The iwi took a claim to the Supreme Court regarding customary fishing rights, in 1896 The Whanganui River Trust Board was established, giving the colonialists control of the river. There was resistance to this and various headmen from villages started to form groups that could combat these interventions.

A sign on the Bridge to Nowhere 33 reads. “In 1917 the Government opened up the valley for settlement by soldiers returning from World War I.” 1920 marks the moment in which Colonial settlers dammed and diverted the awa 34 for hydroelectricity 35. Opposing this the Whanganui iwi began fundraising to support a legal battle for the customary rights of the river; this enhanced the networks of tribes and people associated with the river. “The Government declined to make further funds available for road maintenance, and officially closed the valley in May 1942.” 36. The iwi, then laid claim to their ownership of the Whanganui River in 1945, provoking an appellate hearing in court.

31 North Island Main Trunk – A trainline linking Wellington a city in the South to Auckland the capital in North. Passing through Taumarunui a town in the Whanganui national park.

32 Translation from Maori (kainga - A rural Maori village) 33 A colonial infrastructure project; linking remote villages with a bridge, and encouraging habitation after WW1. However it wasn’t used as the villages never grew in size.

34 Translation - Maori for River, furrow, stream, groove, brook, channel. https://glosbe.com/mi/en/awa last accessed 3rd Jan 2017.

35 Whanganui River Maori Trust Board. (2010). Timeline. Available: http://www.wrmtb.co.nz/assets/rivertime.html. Last accessed 4th Jan 2017.

36 Welch, J. Bridge to Nowhere . Available: http://www.doc.govt.nz/Documents/about-doc/concessions-and-permits/conservation-revealed/ bridge-to-nowhere-lowres.pdf. Last accessed 3rd Jan 2017

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fig. 08 / Representatives of the Whanganui in 1945 for a hearing in Maori appellate court of their claim to the ownership of the Whanganui river

“The essence of their claim is that Atihaunui 37, for many hundreds of years, possessed and controlled the Whanganui River and its tributaries, and they have never since 1840 freely and knowingly relinquished their rights and interests in the river. The critical question is whether the interests of Whanganui Maori in the river have been extinguished and, if so, whether this was done in accordance with Treaty of Waitangi principles.”38

Personhood, is raised at this stage in relation to the tribunal, where the iwi could potentially have had their ‘interests…extinguished.” 39 3 years later the Crown Court appeals against the appellate court decision of the Whanganui iwi’s ownership of the river, to the Supreme Court and wants to block the Maori land court ruling on the title of the Whanganui riverbed. The ownership case of the riverbed is backed up with an amendment to the coal and mine act of 1903, meaning that the ground beneath the water can be sold in sections. In 1950 an investigation was launched into the ownership of the riverbed, the royal commission of inquiry exposed that the bed of the River had always been owned under Maori custom. In regard to river ownership this is seen in the Tribunal river report mentioned later.

“We consider that if the river is regarded as a whole, as we think it must be in terms of Maori possessory concepts, the water is an integral part of the river that was possessed, and was possessed as well. Though its molecules may pass by, as a water regime it remains.” 40.

These moments led by the iwi, add to the evidence for the river to become a person.

37 Translation – Maori to English, warriors / leaders 38 Waitangi Tribunal (1999). The Whanganui River report . Wellington, NZ: GP Publications. Last accessed on 4th Jan 2017https://forms.justice. govt.nz/search/Documents/WT/wt_DOC_68450539/Whanganui%20River%20Report%201999.pdf 39 ibid.

40 ibid.

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fig. 09 / Genesis energies Power Scheme plan for the Whanagui River and surrounding tributaries and dams.

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THE DISPUTE THE INTRODUCTION OF THE WATER INLET

When discussing the river it’s essential that as the river is becoming a person, it must speak, as it is theoretically alive.

1958 is arguably one of the most critical moments in The Rivers timeline. The Tongariro Power Scheme was granted permission 41, diverting the headwaters of the Whanganui River and other major tributaries in the watershed 42. The diversions proposed made a series of man-made lakes; Lake Rotoairia, flowing down into Lake Taupo for hydroelectric power generation. The Whanganui iwi, reject these notions and are not considered in discussions, the proposals are undertaken. The Tongariro power station began construction in 1960 and was completed in 1983 43.

“The most significant was a proposal mooted since at least 1955 to divert the river headwaters for hydroelectrical generation so that they passed to the north. These proposals, which led to the Tongariro power scheme, no doubt gave impetus to the Crown’s opposition to the Maori river claim…. no weight at all was given to the Atihaunui (warrior) claim” 44

In 1962 the Taumaruni Borough Council received compensation for diversion of these headwaters but the Whanganui iwi received nothing 45. A legal framework at this early stage has gripped the River, much to the disagreement of the iwi, the grip becomes tighter as the river evolves. 50 percent of the Whanganui River’s flow was lost at Taumaruni 46, although gradually it rebuilds its volume as it reaches further downstream, helped by the input of other tributaries. Mixing of streams and tributaries flowing from other tribal areas into the Whanganui River is to the iwi a spiritual crime, and the Tongagriro power scheme was guilty without even realising.

“Water, whether it comes in the form of rain, snow, the mists that fall upon the ground and leave the dew, or the spring that bursts from the earth … The life-giving water is founded upon a deep quality of sentiment that, to (the) Maori, puts it beyond the realm of a mere usable commodity and places it on a spiritual plane.”

Waitangi Tribunal (1999). The Whanganui River report .

41 Young, D. (1989). River of Great waiting. New Zealand Geographic. 003 (Jul - Sep).

42 Watershed - An area of land that separates waters flow between different rivers 43 Genesis Energy. (2011). Tongariro Power Scheme Description. Available: https://www.genesisenergy.co.nz/tongariro-power-scheme-description.

Last accessed 5th Jan 2017.

44 Waitangi Tribunal (1999). The Whanganui River report . Wellington, NZ: GP Publications. Last accessed on 4th Jan 2017https://forms.justice. govt.nz/search/Documents/WT/wt_DOC_68450539/Whanganui%20River%20Report%201999.pdf 45 Speech Whanganui River Claim - Tariana Turia Speech. (-). 5 October 2001 Hon Tariana Turia Speech Notes. http://www.scoop.co.nz/stories/ PA0110/S00149/whanganui-river-claim-tariana-turia-speech.htm.

46 Taumaruni a town on the Whanganui River see. Young, D. (1989). River of Great waiting. New Zealand Geographic. 003 (Jul - Sep).

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“Its easy to live in the shadow of dismay where you go back to Nua tea langi (heaven) and there’s 22 streams that have been diverted and the ‘Mouri’ 47 has been sucked out of them” 48

“There should be no presumption that the bed of the river passed to the transferees of the land (colonial settlers) and that the owners of the weirs lost their right to the bed of the river.” 49. Under the ownership of the riverbed a court case was heard 50, in 1962 the Maori made no distinction between the riverbanks and the riverbed of the River, therefore in selling the land its bed was sold too. This is supported by common English law considered in New Zealand law, “when a riverbank is sold it is presumed that the adjoining strip of the riverbed to the middle line is also sold because it is of no further use” 51. Another case arises contradicting this law.

In an attempt to avoid problems created by the 1962 ownership case, the Pouakani 52 claimed they were unaware of the legal framework they were agreeing to when signing the Waitangi Treaty 100+ years ago, in relation to The Waikato River 53. In regard to the ‘ad medium filum aquae’ 54 this idea was rejected, however the majority of the court decided that this was only applicable to the Whanganui River. This leaves questions as to why the Whanganui is given more significance than other deserved natural objects.

The only planning and governing constraint on the waters of The Whanganui itself, was with a canoeing fraternity. They came to an agreement, oblivious to the iwi, on minimum flows of the River during the Summer and Easter seasons, keeping enough flow to ‘ensure that there was sufficient recreational water in the river at times of greatest use’ 55. This blasé attitude to tribal beliefs shows how remnants of colonial thinking and actions remain.

In 1986 the New Zealand Gazette 56 established water control over the Whanganui River and The Whanganui National Park was founded, but excluded the River due to a Whanganui iwi petition. The iwi are promised participation but the national park fails to deliver 57. To react to this in 1988 The Whanganui River Maori Shortly after, discussions with The Crown began to address a legal framework for the ownership of the river, however The Crown refused to sign the relevant paperwork. The Crown’s adoption, authority and control of the River with the Resource management act in 1991 marks a turn in the ownership of the River, this was heavily protested and disagreed on. The Motoroua gardens park was “occupied for 79 days in 1995 in protest over a treaty of Waitangi claim, an action which split the town and the nation and garnered significant attention from police” 58 . Government officials led by the Whanganui Mayor Charles Poynter were adamant that the occupation was illegal and there was “attempted persuasion, threats and divide-and-rule tactics,” from government officials and the

47 Def from http://maoridictionary.co.nz/search?idiom=&phrase=&proverb=&loan=&histLoanWords=&keywords=mouri (noun) life principle, vital essence, special nature, a material symbol of a life principle, source of emotions - the essential quality and vitality of a being or entity.

48 Te Awa Tupua - Voices from the River, film, directed by Janine Martin, Joseph Paora Te Oti Takarangi, Joseph Paora released 2014 Trailer link last accessed 23rd Jan 2017 https://www.youtube.com/watch?v=O-RfKTqpBSU 49 Report of the royal commission court (1950) 50 See Court of Appeal Wellington, 10, 11, 12 August 1960; 2 March 1962 Re the Bed of the Wanganui River [1962] NZLR 600 51 Named in Latin ‘ad medium filum aquae’ translated as ‘as far as the middle of the stream.’ Found in article Bennion, T. (2014). He Whakaaro Who owns riverbeds?. Available: http://ngaitahu.iwi.nz/our_stories/whakaaroopinion/. Last accessed 3rd Jan 2017.

52 Translation from Maori - Native tribes people to the Waikato river 53 New Zealand’s longest river, located on the North Island.

54 Latin translation ‘ad medium filum aquae’ translated as ‘as far as the middle of the stream.’

55 Young, D (1998). Woven by water: Histories from the Whanganui River. Wellington, NZ: Huia Publishers.

56 Official government newspaper 57 Whanganui River Maori Trust Board. (2010). Timeline. Available: http://www.wrmtb.co.nz/assets/rivertime.html. Last accessed 4th Jan 2017.

58 Tucker, M. (1995 ). Maori Protesters End 79-Day Land Occupation . THE MILITANT. Vol.59 (No.22), http://www.themilitant. com/1995/5922/5922_1.html.

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fig. 10 / Above proposed diversions for the Whanganui river along with other rivers, below a sectional elevation of the rivers diversions from The Whanganui River Report

fig. 11 / (left and right) Screen shots from the Film Bamako, set in the capital of Mali, a court hearing is held in a communal courtyard.

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police, however the “Whanganui iwi (tribes) set about forming a thriving village” 59. The occupation in Motorua gardens shows how the iwi are beginning to take matters into their own hands, making it vocal in a public place. The film Bamako 60 initiates a court case in a similar manner, exposing elements of law to an informal and public setting. These exposures have a direct impact on the case being discussed, igniting a communal reaction.

Between 1997 and 1999 the fortunes of the iwi change. The Whanganui’s fisheries rights were recognized and an assembly named Runanga o te Awa Tupua O Whanganui 61 was formed. The interests, rights and claims (Rangatiratanga 62), were managed by Doug Graheme. Graheme is a member of NZ parliament; he saw a benefit in helping the Whanganui iwi and their right to the river. These stages start the rebuilding and association the Whanganui iwi has with their River. The Tribunal issued the Whanganui River Report in 1999 63, which reinforces the argument, and begins to form a body of research that is built on over time.

Appointing figureheads within the Whanganui iwi community reinforces the structure of the iwi. The first case they contribute towards in 2000, is related to the river flow to the Tongariro dam, where all stakeholders on the Whanganui River agree to return the waterways back to their original flow. The year after this Genisis 64 applied for a 35-year resource consent, to continue to divert and use the headwaters from the Whanganui River.

Two years later the “environment court ruled in favor of the Whanganui River Maori, reducing Genesis Energy’s water right to the headwaters of the Whanganui from 35 years to ten, with no guaranteed right of renewal ….The court agreed with the Maoris that diversion of the water was a denigration of their values and beliefs” 65.

This is the first time that a court decision has been in the iwi’s favor, and shows how the basis of the legal framework is changing. Previously the River has been classed as an asset with monetary worth, a resource to be used. Slowly the mindset and outlook is changing to reflect the values of the indigenous tribes identities, and beliefs that have been present for centuries.

“Policy-makers talk about “freshwater management units” and “allocations,” like they’re twiddling knobs on a machine, not talking about a wild and beautiful force central to our identity as New Zealanders.” 66

Knight an Environmental history researcher from New Zealand writes on New Zealand’s rivers, she is not a local iwi, yet her contribution has benefitted the case. Negotiations of the river then began between the iwi and The Crown over the next few years, formal legalities began in 2009. On October 13th 2011 an outlined framework 67 of a proposal for formal negotiations was conceived, and was signed by the iwi and government.

59 Ibid.

60 (Screen shots on previous [page 19]) Bamako. Mali, Bamako: Abderrahmane Sissako, 2006. DVD. Found online https://www.youtube.com/ watch?v=uKrGJRv1_BY Last accessed 22nd Jan 2017 61 Translation Maori – Assembly of the rivers image. A group of people who are responsible for the iwi governance alongside the river. Tupua individually translates as “strange, supernatural or abnormal” 62 Translation Maori – Wealth, importance, worth 63 Waitangi Tribunal (1999). The Whanganui River report . Wellington, NZ: GP Publications. Last accessed on 4th Jan 2017https://forms.justice. govt.nz/search/Documents/WT/wt_DOC_68450539/Whanganui%20River%20Report%201999.pdf 64 The current owners of the Tongariro plant 65 Water Power and Dam Construction International. (2004). Rights issue dims hydro scheme. Available: http://www.waterpowermagazine. com/news/newsrights-issue-dims-hydro-scheme. Last accessed 29th Dec 2016.

66 Mitchell, C. (2016). ‘Rivers are not machines’: How we reached a crisis point. Available: http://www.stuff.co.nz/environment/86293522/Riversare-not-machines-How-we-reached-a-crisis-point. Last accessed 29th Dec 2016.

67 Negotiations were conducted under these two clauses

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fig. 12 & 13 / (Left) A protest sign in Moutoa Gardens (Right) A screen shot from a Maori news broadcast regarding the Moutoa Gardens.

This non-binding agreement was to discuss and to come to a resolution for the River whilst summing up the outstanding legal claims from the iwi, following on from the Waitangi Treaty. The process at this stage develops an inclusive environment that has not been seen in the case, this inclusivity is now held throughout the case, the River begins to come to life, speaking for itself through a series of guardians and communicators.

Gerrad Albert spokes person for the Whanganui River Maori trust board discusses the shares plus scheme 68 and its association with the River in 2012. Albert comments on the scheme “We’ve had a relationship with the River for years, The Crown is taking pleasure at gnawing at it… it has been segmented and divided by pakeha 69 thinking, the crown must know we are not pawns” 70.

“However, it is important to be clear that current national focus on the sale of shares in Mixed Ownership Model companies and the associated water debate do not address our River as a whole” 71.

The on-going legal process of the iwi seeking compensation continues but the aspect of the river becoming a person is conceived at this moment. In 2013 a legal framework was agreed on to further develop how personhood would affect the Whanganui River. In 2014 the Te Urewera national park, was granted the legal

3.2.1 Te Mana o Te Awa (recognising, promoting and protecting the health and wellbeing of the Whanganui River and its status as Te Awa Tupua(‘description of the river system from the mountains to the sea including its tributaries and all its elements’) 3.2.2 Te Mana o Te Iwi (recognising and providing for the mana (spiritual power, effectiveness, prestige, authority) of Whanganui Iwi in respect of the Whanganui River.

Found in Whanganui iwi and The Crown. (2011). Record of understanding in relation to Whanganui river settlement. Legal paper.(https://www.govt. nz/dmsdocument/3700.pdf), 10-13. Last accessed on 23rd Jan 2017.

68 A mixed ownership model for a company, where a range of owners, with different agendas can steer a companies direction.

69 Translation from Maori (Pakeha– White New Zealander.)

70 Te Karere TVNZ. (2012). Whanganui iwi against shares plus scheme. Available: https://www.youtube.com/watch?v=VeSEknnGvWQ. Last accessed 5th Jan 2017.

71 Whanganui River Maori Trust Board. (2012). WHANGANUI IWI RECONFIRM POSITION ON WATER IN ADVANCE OF CROWN CONSULTATION. Media release. - (-), http://www.wrmtb.co.nz/new_updates/Media%20Release,%20Whanganui%20Iwi.pdf

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rights of a person, under the Te Urewera Act. 72 “Te Urewera is a legal entity, and has all the rights, powers, duties, and liabilities of a legal person.”

73

On the premise of the Te Urewera act the Whanganui River begins its journey to be legally classed as a person. The Te Awa Tupua bill 74 is being passed in parliament, at the time of writing the bill has reached the Committee of whole house, only the third reading and the Royal Ascent are yet to come, these are the final stages to passing a new law in New Zealand constitution. The court is considering the law under the basis of: Clause 14

Te Awa Tupua declared to be legal person Te Awa Tupua is a legal person and has all the rights, powers, duties, and liabilities of a legal person.

The rights, powers, and duties of Te Awa Tupua must be exercised or performed, and responsibility for its liabilities must be taken, by Te Pou Tupua on behalf of, and in the name of, Te Awa Tupua, in the manner provided for in this Part and in Ruruku Whakatupua—Te Mana o Te Awa Tupua.75 The basis on which the Whanganui Rivers personhood status will be maintained will be enforced through an appointed guardian from the iwi, and a member of the crown 76. The River is to be granted ‘Personhood’ status within this year (2017). This status raises many unanswered dormant questions and beliefs, that the iwi have always believed, but have been repressed in history by companies such as Genisis, and legal documents such as the Waitangi Treaty.

72 Te Urewera Act 2014 – Subpart 3 Legal identity of Te Urewera and vesting of Te Urewera land. Last accessed on 5th Jan 2017 http://www. legislation.govt.nz/act/public/2014/0051/latest/whole.html 73 ibid.

74 Finlayson, C (2016). Te Awa Tupua (Whanganui River Claims Settlement) Bill. Wellington, NZ: House of Representatives. Last accessed on 5th Jan 2017 http://www.legislation.govt.nz/bill/government/2016/0129/latest/whole.html#DLM6830851 75 ibid.

76 Whanganui River Management Trust Board, n 1 at [3.2]

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LEARNING WHAT CAN BE BROUGHT FORWARD “Who would have believed it? Singing a song can make a river yours. Plus give you a chunk of a power company and a say over how that company’s run.”

Rodney Hide ACT party right wing leader. 77

Water, people, nature and environment are in most cases commodities, things to be measured and given an economic worth rather than being respected as beings. These concepts of ownership and legal rights to natural objects at first seem crazy but previous methods of ownership have been proven to not work. Corporations currently treat the natural object as an asset; this is not seen as crazy. Introducing new laws of personhood, which indigenous people have believed for centuries, creates a modern framework for the age-old spiritual beliefs of the Whanganui iwi.

A new approach is needed; The Whanganui River Personhood case gives just that. The alternative legal approach New Zealand offers, leads the way to changing the current environmental legal framework. The history of personhood is threaded throughout Maori history. Various legal situations, the Te Urewera national park act and then the Whanganui River Personhood case, have shown how these cases are beginning to gain traction. The case mobilises different methods of approaching the river, water and the environment we all exist within. A common belief, understanding and appreciation for the natural object are critical to the development of these ideas. The Whanganui iwi represent their argument with their spiritual ties to the river, these spiritual ties however are difficult to represent in the modern legal framework. New Zealand’s government may feel guilty for the treatment of the Whanganui iwi, with the Waitangi treaty, and feel they should repay them.

“Even today, when giving a traditional self-introduction, or mihi, a Māori person makes associations between themselves and their tribal mountain, river and other local geographical features.” 78

To gain traction globally these human attachments to the environment need to be made clear, 54 per cent of the world’s current population lives in urban areas 79, man is increasingly more detached from the environment but it is still no less important for his survival. It is not only New Zealand that is pushing the case of rights of natural objects further to benefit the human; Ecuador in 2008 became the first country to codify the rights of nature into its constitution. 80 “Natural communities and ecosystems possess the unalienable right to exist, flourish and evolve within Ecuador. Those rights shall be self-executing, and it shall be the duty and right of all Ecuadorian governments, communities, and individuals to enforce those rights.” 81.

77 Hide, R. (2012). Tribunal enraptured by myths and folk legends. Available: http://www.nzherald.co.nz/nz/news/article.cfm?c_ id=1&objectid=10831075. Last accessed 3rd Jan 2017.

78 Knight, K. (2009). Between the profane world and the spirit world: A comparison of the conceptualization of uploads and mountains in Maori and Japanese folklore, New Zealand Journal of Asian Studies. 11, 96-114.

79 UN. (2014). World’s population increasingly urban with more than half living in urban areas. Available: http://www.un.org/en/development/ desa/news/population/world-urbanization-prospects-2014.html. Last accessed 5th Jan 2017.

80 http://www.ourplanet.org/articles/new-zealand-government-acknowledges-a-river-as-a-living-entity-and-a-park-as-having-human-rights 81 Kendall, C. (2008). A new law of nature. (Ecuador next week votes on giving legal rights to rivers, forests and air. Is this the end of damaging

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These ideas are transferred globally and are becoming openly discussed, no longer the exception, becoming the norm. This changes the common understanding of the legal landscape, in exposing the legal framework it is becoming more open to criticism and modifications are becoming more appropriate.

“Next year, (2017) a multinational delegation of 20 land and water activists, environmental lawyers, and indigenous people from North and South America are planning a fact-finding mission to New Zealand to learn more about how the Te Urewera Act came to be and how its legal principles might be applied at home” 82.

The Whanganui is the next step towards the case for natural objects. Although ongoing, it is already setting precedents in how indigenous people and environmental activists can lay claim to protect natural assets. It presents exciting and innovative approaches to not only the field of ownership but to human health, with potentially significant benefits to the human when having a direct connection to the environment they exist within. Granting water personhood, giving it legal rights, we make a step towards better protecting it, and in turn better protecting those that depend on it.

It is easy to be near-sited when it comes to the preservation of natural resources, whether they be water or minerals, but it must be recognized that we depend entirely on them for our long-term survival, not just our short-term wants and whims. The Whanganui iwi have depended on it for generations, it has shaped their lives and they it. Over generations they understand its intrinsic value spiritually and physically, and the fact that that value cannot be replaced or replicated therefore it must be preserved.

Cases like this take time and need backing from communities. Community environmental actions form the start to larger interventions. Day’s book 83 helps to approach these issues, and Cullinan’s book 84 throws legislation out into the public domain. These topics cannot be mentioned without reference to Stone’s ‘trees’ book 85, which is a valuable contribution to the case, informing it from the beginning. This is not saying that environmental activists and indigenous communities must own ALL natural assets; this method suggests a new approach to ownership, where relationships between companies and communities exist in a more collaborative manner. A monetary value can still be placed on aspects of the object, for example, markets buying trends and behaviors can begin to inform and support the natural object, not simply by exploiting and abusing it. The markets that are currently exploiting the river can act as aides to conserving its ecosystem. For example previous colonial interventions of fishing on the Whanganui River were exercised to its detriment, but if approached with the newly proposed personhood law, there could be a supportive and inclusive economy created for the benefit of the river, and the environment.

“The strategic use of competition and consumer policy (driven by the ethical choices of individual citizens), potentially supporting consumer demand for environmentally friendly goods and services, may become an alternative.” 86

The iwi involved in this case are not given the river back to what they understand as their ownership.

“The government was not willing to give ownership of that national park back to that tribe, so this legal personality

development? The world is watching) The Guardian.

82 O’Neil, D. (2016). Parks are People too. Outside. live the active life, https://www.outsideonline.com/2102536/parks-are-people-too. Last accessed on 5th Jan 2017 83 Day, M (1998). Environmental Action - A citizens guide. London & Chicago : Pluto Press.

84 Cullinan, C (2002). Wild Law: A manifesto for Earth Justice. South Africa: Siber Ink 85 Stone, CD (1996). Should trees have standing?. 25th ed. New York: Oceana Publications.

86 Planetary Medicine and the Waitangi Tribunal Whanganui River Report: Global Health Law Embracing Ecosystems as Patients (2013) Journal of Law and Medicine 528 (With Prof Thomas Faunce and Tim Vines)

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concept resonated and is a term that both sides—the government and Maori tribes—can create a solution around: it’s an ancestor that owns itself.” 87. Making the river an actual person gives it rights and responsibilities 88.

Despite the Whanganui River settlements deeds, private companies still have a say in the management of the river, as parts of it are privately owned. The definition of ‘person’ has no mention of ownership, and as the rights of the river are a person, the river cannot be owned! This point shows that the personification of natural objects is in some ways, a flawed argument and is not a sufficient standpoint in environmental case law. The Maori outlook and mindset in this case may be the only view to be considered, applying this to any other environmental situation globally, forms a pluralistic approach to society discounting other religions, mindsets and beliefs. This makes the personhood law discussed only applicable in a case-by-case basis, potentially narrowing its global appeal. There may be other means to represent the object, outside of the personhood framework, these forums must emerge. The use and interference by the rivers inhabitants could be approached in other ways but personhood resonates in this instance with the Maori.

“It is an all too common mistake to suppose that all questions of legal considerateness boil down to questions of legal rights.” 89

The river is yet to be granted personhood status legally speaking, but is highly likely to be passed in parliament this year (2017). For the first time a river will become a person and the outcome of this remains unknown but exciting.

87 O’Neil, D. (2016). Parks are People too. Outside. live the active life, https://www.outsideonline.com/2102536/parks-are-people-too. Last accessed on 5th Jan 2017 88 Powell, K. (2016). Thou and It: Personhood Actualized Through Water Rights. Oglethorpe Journal of Undergraduate Research. 6 (1), 89 Stone, CD (1996). Should trees have standing?. 25th ed. New York: Oceana Publications.

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BIBLIOGRAPHY Books Alier, JM. (2002). The Political Economy of Sustainable Development: Environmental Conflict, Participation and Movements. The Environmentalism of the poor. Conference in association with United Nations Research Institute for Social Development (UNRISD) and University of Witwatersrand p35.

Burns, P (1989). Fatal Success: A History of the New Zealand Company. London : Heinemann Reed. p153.

Cullinan, C (2002). Wild Law: A manifesto for Earth Justice. South Africa: Siber Ink Day, M (1998). Environmental Action - A citizens guide. London & Chicago : Pluto Press.

Kohn. E (2013). How forests think - Toward an Anthropology beyond the Human. California: University of California press.

Smith, PM (2012). A Concise History of New Zealand. Australia: Cambridge University Press,. p23.

Stone, CD (1996). Should trees have standing?. 25th ed. New York: Oceana Publications.

Young, D (1998). Woven by water: Histories from the Whanganui River. Wellington, NZ: Huia Publishers.

Journals/papers Finlayson, C (2016). Te Awa Tupua (Whanganui River Claims Settlement) Bill. Wellington, NZ: House of Representatives. Last accessed on 5th Jan 2017 http://www.legislation.govt.nz/bill/government/2016/0129/latest/whole.html#DLM6830851 Genesis Energy. (2011). Tongariro Power Scheme Description. Available: https://www.genesisenergy.co.nz/tongariro-power-scheme-description. Last accessed 5th Jan 2017.

Kinght, K. (2009). Between the profane world and the spirit world: A comparison of the conceptualization of uploads and mountains in Maori and Japanese folklore, New Zealand Journal of Asian Studies. 11, 96-114.

Leadbeater, M. (1995). A new wave of Maori activism. Green Left Weekly. 183 (International News) https://www.greenleft.org.au/content/new-wavemaori-activism last accessed 3rd Jan 2017.

Planetary Medicine and the Waitangi Tribunal Whanganui River Report: Global Health Law Embracing Ecosystems as Patients (2013) Journal of Law and Medicine 528 (With Prof Thomas Faunce and Tim Vines) Powell, K. (2016). Thou and It: Personhood Actualized Through Water Rights. Oglethorpe Journal of Undergraduate Research. 6 (1), Tucker, M. (1995 ). Maori Protesters End 79-Day Land Occupation . THE MILITANT. Vol.59 (No.22), http://www.themilitant.com/1995/5922/5922_1. html.

Young, D. (1989). River of Great waiting. New Zealand Geographic. 003 (Jul - Sep).

Website links/articles Albert, G speaking in a Huffington post live broadcast. (2012). New Zealand’s Whanganui River Gains A Legal Voice. Available: http://www. huffingtonpost.com/2012/09/18/new-zealand-whanganui-river_n_1894893.html. Last accessed 22nd Jan 2017.

Hide, R. (2012). Tribunal enraptured by myths and folk legends. Available: http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10831075.

Last accessed 3rd Jan 2017. http://maoridictionary.co.nz Kendall, C. (2008). A new law of nature. (Ecuador next week votes on giving legal rights to rivers, forests and air. Is this the end of damaging development? The world is watching) The Guardian.

Mitchell, C. (2016). ‘Rivers are not machines’: How we reached a crisis point. Available: http://www.stuff.co.nz/environment/86293522/Rivers-arenot-machines-How-we-reached-a-crisis-point. Last accessed 29th Dec 2016.

O’Neil, D. (2016). Parks are People too. Outside. live the active life, https://www.outsideonline.com/2102536/parks-are-people-too. Last accessed on 5th Jan 2017 Speech Whanganui River Claim - Tariana Turia Speech. (-). 5 October 2001 Hon Tariana Turia Speech Notes. http://www.scoop.co.nz/stories/ PA0110/S00149/whanganui-river-claim-tariana-turia-speech.htm.

UN. (2014). World’s population increasingly urban with more than half living in urban areas. Available: http://www.un.org/en/development/desa/ news/population/world-urbanization-prospects-2014.html. Last accessed 5th Jan 2017.

Water Power and Dam Construction International. (2004). Rights issue dims hydro scheme. Available: http://www.waterpowermagazine.com/news/ newsrights-issue-dims-hydro-scheme. Last accessed 29th Dec 2016.

Welch, J. Bridge to Nowhere . Available: http://www.doc.govt.nz/Documents/about-doc/concessions-and-permits/conservation-revealed/bridge-tonowhere-lowres.pdf. Last accessed 3rd Jan 2017 Whanganui River Maori Trust Board. (2010). Timeline. Available: http://www.wrmtb.co.nz/assets/rivertime.html. Last accessed 4th Jan 2017.

World Future Council . (2016). Recognising nature as a legal person: the Whanganui River in New Zealand . Available: https://www. worldfuturecouncil.org/recognising-nature-legal-person-whanganui-river-new-zealand/. Last accessed 15th Jan 2017.

Films/video Bamako. Mali, Bamako: Abderrahmane Sissako, 2006. DVD. Found online https://www.youtube.com/watch?v=uKrGJRv1_BY Last accessed 22nd Jan 2017 Mount Tongariro source of river FILM 1952 https://www.nzonscreen.com/title/the-legend-of-the-wanganui-river-1952 Te Awa Tupua - Voices from the River, film, directed by Janine Martin, Joseph Paora Te Oti Takarangi, Joseph Paora released 2014 Trailer link last accessed 23rd Jan 2017 https://www.youtube.com/watch?v=O-RfKTqpBSU

Legal papers NATIONAL ASSEMBLY LEGISLATIVE AND OVERSIGHT COMMITTEE (2008). Ecuadorian Constitution. Ecuador: Official Register. Title 2: Rights Chapter seven: rights of nature. Available on http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html English translated version.

Last accessed on 22nd Jan 2017 Page 405 U. S. 745 Report of the royal commission court (1950) See Court of Appeal Wellington, 10, 11, 12 August 1960; 2 March 1962 Re the Bed of the Wanganui River [1962] NZLR 600 Te Urewera Act 2014 â&#x20AC;&#x201C; Subpart 3 Legal identity of Te Urewera and vesting of Te Urewera land. Last accessed on 5th Jan 2017 http://www.legislation. govt.nz/act/public/2014/0051/latest/whole.html Waitangi Tribunal (1999). The Whanganui River report . Wellington, NZ: GP Publications. Last accessed on 4th Jan 2017https://forms.justice.govt. nz/search/Documents/WT/wt_DOC_68450539/Whanganui%20River%20Report%201999.pdf Whanganui iwi and The Crown. (2011). Record of understanding in relation to Whanganui river settlement. Legal paper.(https://www.govt.nz/ dmsdocument/3700.pdf), 10-13. Last accessed on 23rd Jan 2017.

Whanganui River Management Trust Board, n 1 at [3.2]

IMAGES fig 1 James Cook’s map last accessed on 23rd Jan 2017http://www.davidrumsey.com/luna/servlet/detail/RUMSEY~8~1~24009~870054:New-Zealand-chart-?showTipAdva ncedSearch=false&showShareIIIFLink=true&showTip=false&helpUrl=http%3A%2F%2Fdoc.lunaimaging.com%2Fdisplay%2FV72D%2FLUNA%2BV iewer%23LUNAViewer-LUNAViewer&title=Search+Results%3A+List_No+equal+to+%273403.037%27&fullTextSearchChecked=&advancedSearchU rl=http%3A%2F%2Fdoc.lunaimaging.com%2Fdisplay%2FV72D%2FSearching%23Searching-Searching&thumbnailViewUrlKey=link.view.search.url#

fig 2 Whanganui River Map New Zealand Encyclopedia map Last accessed on 23rd Jan 2017http://www.teara.govt.nz/en/map/2174/map-of-the-whanganui-river

fig 3 Polynesian Migrant map Last accessed on 23rd Jan 2017 https://commons.wikimedia.org/wiki/File:Polynesian_Migration_mk.svg

fig 4 Map of Pā sites The Whanganui River Report (Pā - Translation from Maori as village or defensive settlement, often refrring also to hills or defensive terraced landscapes, mainly found on the North Island. along Whanganui River)

fig. 05 Colonialists making camp and showing off their hunt Image taken in 1909 and stored by National Library NZ on The Commons https://www.flickr.com/photos/nationallibrarynz_commons/4836053620/ in/album-72157624158462563/ Last accessed on 22nd Jan 20117

fig. 06 Image of Land Court Wanganui 1860s approx.

(Ballara, A (1998). Iwi: The Dynamics of Māori Tribal Organisation from C.1769 to C.1945. Wellington: Victoria University press, p88) .

fig. 07 Crowd of protesters singing in Moutoua Gardens 1995 (A crowd of protesters singing in Moutoa Gardens, Wanganui. Dominion post (Newspaper) :Photographic negatives and prints of the Evening Post and Dominion newspapers. Ref: EP-Ethics-Demonstrations-Moutoa Gardens-04. Alexander Turnbull Library, Wellington, New Zealand.http:// natlib.govt.nz/records/22480220)

fig. 08 Representatives of the Whanganui in 1945 for a hearing in Maori appellate court of their claim to the ownership of the Whanganui river Waitangi Tribunal (1999). The Whanganui River report . Wellington, NZ: GP Publications. Last accessed on 4th Jan 2017https://forms.justice.govt. nz/search/Documents/WT/wt_DOC_68450539/Whanganui%20River%20Report%201999.pdf

fig. 09 / Genesis energies Power Scheme plan for the Whanagui River and surrounding tributaries and dams Genesis energy, https://www.genesisenergy.co.nz/documents/10180/14567/Tongariro+map+-+cross+section+and+photos.pdf/709290a3-8a12-4a71-b87f3033a20853ae last accessed 14th Jan 2017

fig. 10 / Proposed diversions for the Whanganui river along with other rivers, below a sectional elevation of the rivers diversions The Whanganui River Report

fig. 11 / Screen shots from the Film Bamako, set in the capital of Mali a court hearing is held in a communal courtyard. Bamako. Mali, Bamako: Abderrahmane Sissako, 2006. DVD. Found online https://www.youtube.com/watch?v=uKrGJRv1_BY Last accessed 22nd Jan 2017

fig. 12 / A protest sign in Moutoa Gardens Phelps, A. (2014). Moot Gardens Protest. Available: https://nzhistory.govt.nz/media/photo/moutoa-gardens-protest. Last accessed 4th Jan 2017.

fig. 13 / A screen shot from a Maori news broadcast regarding the Moutoa Gardens.

Rangi, NP. (2015). Pākaitore celebrations remember Moutoa Gardens occupation. Available: http://www.maoritelevision.com/news/regional/ pakaitore-celebrations-remember-moutoa-gardens-occupation. Last accessed 4th Jan 2017.

APPENDIX List of where all legal documents can be found, NZ GOV page https://www.govt.nz/treaty-settlement-documents/whanganui-iwi/ youtube video of singing 90 Email conversation with Duncan a past resident of Whanganui conversation below 91 OH=Oliver Hester D= Duncan

Hi Oliver, Sorry its taken me a little while to get back to you!

OH: Did you grow up in New Zealand?

D: Yes OH: Are your family from NZ? D: I am Maori of Ngati Raukawa, Te Arawa, Whanganui (Ngati Hau) and Ngai Te Rangi descent - these are the iwi (tribes) that I belong to.

OH: Did you have a job in NZ? D: Yes - part time tutoring at architecture school in Wellington and part-time in a small practice.

OH: What is a memorable time for you in New Zealand?

D: Catching freshwater crayfish in with my hands as a child, catching eels, finding shellfish etc.

OH: Do you have any connections to the Whanganui river?

D: Assuming that your grandfather grew up in the area, did he have any memorable stories or ideas that you can remember?

D: He only lived there a short while and the only story I can remember is that he used to canoe across the river to the local native school - these were horrible institutions set up by the government with the explicit purpose of preventing the transmission of Maori culture to the next generation; children were caned for speaking in the Maori language while at school for example.

OH: Have you heard about the Whanganui river becoming a person?

D: Yes - and I think it is a clever idea to protect it and to protect the ability of local hapu (sub tribes) to catch fish and eels.

OH: Other things: D: Are you aware that the legal personhood of Te awa o Whanganui (the Whanganui river) is a result of settlement by the Crown in regards to the Treaty of Waitangi? Do you know what the Treaty of Waitangi is? http://www.teara.govt.nz/en/whanganui-tribes/page-1 - this link could be useful (if you don’t have this information already).

Sure you can use my name and replies in your essay etc.

Kind regards, Duncan .p.s. If you have more questions, I’ll make sure to reply more promptly!

90 https://www.youtube.com/watch?v=-Kniy9g9JRA 91 McNaughton, D. duncan.mcnaughton@the-lsa.org. Re: Whanganui river!. 11th Jan 2017.

LEARNING FROM WHANGANUI

PECHA KUCHA PRESENTATION ON TOPIC 17/01/17 WITH NOTES BELOW

‘By Granting Natural Assets Personhood, Can we Better Protect People and Their Environment?’

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

Working title Essay on Whanganui River, North Island NZ Extrapolate ideas Start with a short video clip

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

video clip

“ Ko au te awa, Ko te awa ko au I am the river and the river is me” 3/20

Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

Location Whanganui river, North Island NZ, source, 100 miles from Wellington Longest navigable river in NZ

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believe it is part of them annual festival to commemorate the river

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

LEARNING FROM WHANGANUI

â&#x20AC;&#x153;All people depend on nature for life.â&#x20AC;?

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

2010 conference world summit on sustainable development current methods do not work

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

introduce case background history needed 13th century polynesian migrants, taiwan, inhabitted river area, WAS most populous region in NZ

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

The indigenous iwi (people) give us advanced technologies and theories of the person and their rights to nature. Colonials came over, with contrasting views on ownership etc

Cook Map island coastline, traders encouraged clashes river ownership already, eel nets destroyed by steam boat vessels, gravel dug for infrastructure projects

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

LEARNING FROM WHANGANUI

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

Waitangi treaty 1860 - pivotal in NZ history “treaty granted the Maori ownership of their lands but crucially they became British subjects” lost in translation, written mainly English ownership is not known

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

1945 Case formally begins for claim to ownership of river 1999 developed Maori claim in a report Idea of case “have rights of Whanganui Maori been extinguished and, if so, whether this was done in accordance with Treaty principles.”

“There is a difference between being human and being a person: human is a biological term, a person is something that has rights and responsibilities”

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

personhood concept starts What is personhood? described as ‘the status of being a person’

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

1999 provoked peaceful demonstrations regarding ownership of water We consider that if the river is regarded as a whole, as we think it must be in terms of Maori possessory concepts, the water is an integral part of the river”

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LEARNING FROM WHANGANUI

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

1958 critical moments Tongariro Power Scheme was granted permission, diverting Whanganui river to man made dams completed 1983

only planning and governing constraint for water canoeing fraternity gain rights to maintain minimum flows, for tourists during seasons

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1986 founded Whanganui National Park, excludes the river Personhood case begins

Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

Genesis energy is the current owner challenged by report THE Case was won for reducing Genesis Energyâ&#x20AC;&#x2122;s water right to the headwaters of the Whanganui from 35 years to ten

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LEARNING FROM WHANGANUI

â&#x20AC;&#x153;Who would have believed it? Singing a song can make a river yours!â&#x20AC;?

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

first time, court decision in peoples favour, basis of the legal framework is changing develops an inclusive environment

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

Exert from court case different methods of representation heard quote from right wing party member

Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

Next year the case is forecast to be passed, 5 out of 7 in the process highly likely in Ecuador currently written into constitution - - - - - natural communities and ecosystems have a right to exist

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Learning from Whanganui, Oliver Hester AR7003 Interpretations Architecture and Justice

What can we learn Aspects of personhood be applied to natural objects current approach not satisfactory, are we able to apply this to other natural objects in the future?

OLIVER HESTER