In February of 2026, Green Party Member of Parliament, Teanau Toiono introduced a Bill that would grant legal personhood to Tohorā (whales) in New Zealand. The Tohorā Oranga Bill specifically recognizes five key rights:
Freedom of movement and migration.
Protection of natural behaviors.
Protection of social and cultural structures.
Right to a healthy environment.
Right to restoration and regeneration of habitats and ecosystems.
Legal & Cultural History
Understanding the Tohorā Oranga Bill means diving into New Zealands Indigenous history and how environmental relationships are viewed in the country.
In New Zealand, the Indigenous Polynesian people, Māori, have long held knowledge and environmental perspectives that differ from Western frameworks. Within mātauranga Māori (Māori systems of knowledge and understanding), humans, animals, and the natural environment are all viewed as interconnected rather than separate.
Under this framework, whales are considered taonga, meaning treasured or protected being. This reflects a long-standing relationship between Māori communities and marine life, particularly whales that hold significance in genealogy, environmental stewardship, and intelligence.
This perspective of whales and other local wildlife has increasingly been recognized in New Zealand’s legal system:
In 2017, the Te Awa Tupua Act, granted legal personhood to the Whanganui River, located on New Zealand’s North Island. This marked the first time in the world that a body of water was granted the same legal rights as a human being.
More recently, we’re seeing similar acts being applied to marine environments, most notably whales. In March of 2024, indigenous leaders from Aotearoa (New Zealand), the Cook Islands, Hawaii, Rapanui (Easter Island), Tahiti, and Tonga singed He Whakaputanga Moana (Declaration for the Ocean), a historic declaration recognizing whales as legal persons having the right to freedom of movement, a healthy environment, and the ability to thrive alongside humanity.
From Declaration to Implementation
Since it’s signing, He Whakaputanga Moana has primarily served as a collective statement of intent, helping formalize a shared position by Indigenous leaders and bringing international attention to the concept of legal personhood for marine species. However, on it’s own it carries no legal authority.
The Tohorā Oranga Bill is the first to build on the principles outlined in the Declaration of the Ocean toward national policies, laws, and enforcement structures for New Zealand. While this is a step in the right direction, specific mechanisms of the bill have not yet been clearly defined.
“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.”
— Teanau Tuiono MP
Over time, the Tohorā Oranga Bill could begin to reshape how whale protections are approached with how policy considers migration and breeding waters, how human activity is limited, and how long-term ecosystem health is prioritized alongside economic factors.
As similar discussions continue internationally, the bill may also serve as a jumping-off point for how rights to marine conservation could be explored in other regions.
Full press release with quotes: https://www.greens.org.nz/green_member_s_bill_to_recognise_the_personhood_of_tohor
Credit
Thumbnail & Hero: Bryde's Whale (Balaenoptera edeni), courtesy of NOAA, Unsplash