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Giving 
rights 
to 
nature 
A 
new 
institutional 
approach 
for 
overcoming 
social 
dilemmas? 
Julia 
Talbot-­‐Jones 
PhD 
Candidate 
The 
Australian 
National 
University 
-­‐-­‐-­‐-­‐-­‐ 
julia.talbot-­‐jones@anu.edu.au
Time 
for 
little 
data!!!
Time 
for 
little 
data!!! 
But 
why?
Outline 
of 
presentation
Outline 
of 
presentation 
Background: 
Social 
dilemma 
institutions 
– Introduce 
common 
institutional 
arrangements 
for 
transcending 
social 
dilemmas 
– A 
new 
approach?
Outline 
of 
presentation 
Background: 
Social 
dilemma 
institutions 
Legalising 
nature 
Case 
study: 
Whanganui 
River, 
NZ 
– Introduce 
common 
institutional 
arrangements 
for 
transcending 
social 
dilemmas 
– A 
new 
approach? 
– Background 
– Legal 
Framework 
– Analysis 
of 
old 
and 
new 
governance 
arrangement 
using 
IAD 
Framewor
Outline 
of 
presentation 
Background: 
Social 
dilemma 
institutions 
Legalising 
nature 
Case 
study: 
Whanganui 
River, 
NZ 
Conclusion: 
Outcomes 
– Introduce 
common 
institutional 
arrangements 
for 
transcending 
social 
dilemmas 
– A 
new 
approach? 
– Background 
– Legal 
Framework 
– Analysis 
of 
old 
and 
new 
governance 
arrangement 
using 
IAD 
Framewor 
– Identify 
changes 
resulting 
from 
the 
new 
arrangement
Social 
dilemma 
institutions 
• Centralised 
governance; 
privatisation; 
community 
governance; 
co-­‐management 
– Differentiate 
through 
ownership 
of 
property 
rights 
(property 
rights 
are 
considered 
a 
bundle 
of 
rights) 
• Use 
Schlager 
and 
Ostrom’s 
(1992) 
five 
characteristics 
of 
property 
rights-­‐in-­‐use: 
1) Entry 
– 
the 
right 
to 
enter 
a 
resource; 
2) Withdrawl 
– 
the 
right 
to 
harvest 
and 
take 
some 
resource 
units 
out 
of 
the 
resource 
system; 
3) Management 
– 
the 
right 
to 
change 
the 
physical 
structures 
in 
a 
resource 
system 
or 
develop 
a 
variety 
of 
physical 
infrastructures 
for 
any 
particular 
resource; 
4) Exclusion 
– 
the 
right 
to 
determine 
who 
else 
could 
use 
the 
resource 
and 
what 
their 
specific 
rights 
would 
be; 
and 
5) Alienation 
– 
the 
right 
to 
sell 
one 
or 
more 
of 
the 
first 
four 
rights 
permanently 
or 
for 
a 
given 
time 
period
Comparison 
Entry Withdrawl Management Exclusion Alienation 
Centralised 
governance 
Government Government Government Government Government 
Privatisation Individual Individual Government 
(Individual) 
Individual Individual 
Community 
governance 
Community Community Community Community Community 
Co-management 
Government Government Community Government Government 
!
Comparison 
Entry Withdrawl Management Exclusion Alienation 
Centralised 
governance 
Entry Withdrawl Management Exclusion Alienation 
Government Government Government Government Government 
Privatisation Individual Individual Government 
(Individual) 
Individual Individual 
Community 
governance 
Community Community Community Community Community 
Co-management 
Government Government Community Government Government 
! 
Definitions 
Government: 
the 
collection 
of 
elected 
public 
officials 
designated 
to 
make 
decisions 
at 
the 
executive 
and 
legislative 
levels 
of 
a 
Government 
system 
Community: 
a 
group 
of 
people 
who 
interact 
directly, 
frequently, 
and 
in 
multi-­‐faceted 
ways 
Individual: 
just 
one 
person 
or 
organisation 
Centralised 
governance 
Government Government Government Government Government 
Privatisation Individual Individual Government 
(Individual) 
Individual Individual 
Community 
governance 
Community Community Community Community Community 
Co-management 
Government Government Community Government Government 
!
Comparison 
Entry Withdrawl Management Exclusion Alienation 
Centralised 
governance 
Entry Withdrawl Management Exclusion Alienation 
Government Government Government Government Government 
Privatisation Individual Individual Government 
(Individual) 
Individual Individual 
Community 
governance 
Community Community Community Community Community 
Co-management 
Government Government Community Government Government 
! 
Definitions 
Government: 
the 
collection 
of 
elected 
public 
officials 
designated 
to 
make 
decisions 
at 
the 
executive 
and 
legislative 
levels 
of 
a 
Government 
system 
Community: 
a 
group 
of 
people 
who 
interact 
directly, 
frequently, 
and 
in 
multi-­‐faceted 
ways 
Individual: 
just 
one 
person 
or 
organisation 
Centralised 
governance 
Government Government Government Government Government 
Privatisation Individual Individual Government 
(Individual) 
Individual Individual 
Community 
governance 
Community Community Community Community Community 
Co-management 
Government Government Community Government Government 
! 
Also, 
can’t 
forget 
the 
importance 
of 
social 
capital, 
transaction 
costs, 
and 
leadership 
influencing 
the 
success 
(or 
failure) 
of 
institutional 
arrangements
A 
new 
approach? 
“I 
am 
quite 
seriously 
proposing 
that 
we 
give 
legal 
rights 
to 
forests, 
oceans, 
rivers, 
and 
other 
so-­‐called 
“natural 
objects” 
in 
the 
environment 
– 
indeed 
to 
the 
natural 
environment 
as 
a 
whole.” 
-­‐ Stone 
C. 
1972. 
Should 
trees 
have 
standing? 
Toward 
legal 
rights 
for 
natural 
objects. 
45 
S. 
Cal. 
L. 
Rev. 
450.
Case 
Study: 
The 
Whanganui 
River, 
NZ
Case 
Study: 
The 
Whanganui 
River, 
NZ
Case 
Study: 
The 
Whanganui 
River, 
NZ 
Ecological 
perspective: 
The 
river 
is 
ecologically 
unhealthy 
(Sunde, 
2003) 
Tikanga 
perspective: 
“Physical 
pollution 
of 
the 
Whanganui 
River 
affects 
its 
soul, 
its 
wairua; 
its 
supernatural 
and 
divine 
power, 
its 
mana; 
and, 
through 
the 
sacred 
affinity 
of 
this 
sacred 
place 
to 
our 
people, 
affects 
us, 
mentally, 
physically, 
and 
spiritually. 
No 
chemical 
combatants 
will 
reduce 
or 
eliminate 
this 
effect, 
nor 
will 
it 
alter 
the 
breach 
of 
tapu.” 
(Hikaia 
Amohia, 
1988)
Case 
Study: 
The 
Whanganui 
River, 
NZ 
Ecological 
perspective: 
The 
river 
is 
ecologically 
unhealthy 
(Sunde, 
2003) 
Tikanga 
perspective: 
“Physical 
pollution 
of 
the 
Whanganui 
River 
affects 
its 
soul, 
its 
wairua; 
its 
supernatural 
and 
divine 
power, 
its 
mana; 
and, 
through 
the 
sacred 
affinity 
of 
this 
sacred 
place 
to 
our 
people, 
affects 
us, 
mentally, 
physically, 
and 
spiritually. 
No 
chemical 
combatants 
will 
reduce 
or 
eliminate 
this 
effect, 
nor 
will 
it 
alter 
the 
breach 
of 
tapu.” 
(Hikaia 
Amohia, 
1988) 
à Social 
dilemma 
– 
“river 
health 
and 
wellbeing” 
is 
not 
being 
provided 
for 
-­‐ 
how 
can 
we 
address 
these 
issues?
Let ’s 
make 
the 
river 
own 
itself!
Let ’s 
make 
the 
river 
own 
itself! 
But 
how?!
Let ’s 
make 
the 
river 
own 
itself! 
But 
how?! 
1. “Te 
Awa 
Tupua 
is 
an 
indivisible 
and 
living 
whole 
comprising 
the 
Whanganui 
River 
from 
the 
mountains 
to 
the 
sea, 
incorporating 
its 
tributaries 
and 
all 
its 
physical 
and 
metaphysical 
elements.” 
[s2.1]
Let ’s 
make 
the 
river 
own 
itself! 
But 
how?! 
1. “Te 
Awa 
Tupua 
is 
an 
indivisible 
and 
living 
whole 
comprising 
the 
Whanganui 
River 
from 
the 
mountains 
to 
the 
sea, 
incorporating 
its 
tributaries 
and 
all 
its 
physical 
and 
metaphysical 
elements.” 
[s2.1] 
2. “Te 
Awa 
Tupua 
is 
a 
legal 
person” 
[s2.2] 
with 
“…the 
same 
rights, 
powers, 
duties, 
and 
liabilities 
of 
a 
legal 
person.” 
[s2.3]
Let ’s 
make 
the 
river 
own 
itself! 
But 
how?! 
1. “Te 
Awa 
Tupua 
is 
an 
indivisible 
and 
living 
whole 
comprising 
the 
Whanganui 
River 
from 
the 
mountains 
to 
the 
sea, 
incorporating 
its 
tributaries 
and 
all 
its 
physical 
and 
metaphysical 
elements.” 
[s2.1] 
2. “Te 
Awa 
Tupua 
is 
a 
legal 
person” 
[s2.2] 
with 
“…the 
same 
rights, 
powers, 
duties, 
and 
liabilities 
of 
a 
legal 
person.” 
[s2.3] 
3. Title 
of 
the 
river 
bed 
will 
be 
vested 
away 
from 
the 
Crown 
and 
placed 
in 
the 
name 
of 
Te 
Awa 
Tupua 
itself. 
[s6.1]
New 
legal 
framework
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement 
Te Ruruku Whakatupua – Legal Framework
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement 
Te Awa Tupua 
Te Ruruku Whakatupua – Legal Framework
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement 
Te Awa Tupua 
Represented by: Te Pou Tupua 
Two guardians acting as one 
- one nominated by the Crown 
- one nominated by Iwi 
Te Ruruku Whakatupua – Legal Framework
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement 
Te Awa Tupua 
Represented by: Te Pou Tupua 
Two guardians acting as one 
- one nominated by the Crown 
- one nominated by Iwi 
Advised by: Te Karawao 
One person each from: 
- Nga Tangata Tiaki o Whanganui 
- iwi with other interests in the River 
- local authories 
Te Ruruku Whakatupua – Legal Framework
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement 
Te Awa Tupua 
Represented by: Te Pou Tupua 
Two guardians acting as one 
- one nominated by the Crown 
- one nominated by Iwi 
Advised by: Te Karawao 
One person each from: 
- Nga Tangata Tiaki o Whanganui 
- iwi with other interests in the River 
- local authories 
Te Ruruku Whakatupua – Legal Framework 
Strategy group: Te Kopuka na Te 
Awa Tupua 
17 representatives of local 
community groups
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement 
Te Awa Tupua 
Represented by: Te Pou Tupua 
Two guardians acting as one 
- one nominated by the Crown 
- one nominated by Iwi 
Advised by: Te Karawao 
One person each from: 
- Nga Tangata Tiaki o Whanganui 
- iwi with other interests in the River 
- local authories 
Te Ruruku Whakatupua – Legal Framework 
Strategy document: Te Heke 
Ngahuru ki Te Awa Tupua 
Strategy group: Te Kopuka na Te 
Awa Tupua 
17 representatives of local 
community groups
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement 
Te Awa Tupua 
Represented by: Te Pou Tupua 
Two guardians acting as one 
- one nominated by the Crown 
- one nominated by Iwi 
Advised by: Te Karawao 
One person each from: 
- Nga Tangata Tiaki o Whanganui 
- iwi with other interests in the River 
- local authories 
Te Ruruku Whakatupua – Legal Framework 
Strategy document: Te Heke 
Ngahuru ki Te Awa Tupua 
Strategy group: Te Kopuka na Te 
Awa Tupua 
17 representatives of local 
community groups
New 
legal 
framework 
Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement 
Te Ruruku Whakatupua – Legal Framework 
Strategy document: Te Heke 
Ngahuru ki Te Awa Tupua 
Guided by Tupua te Kawa (four intrinsic values): 
1. Ko te Awa te mātāpuna o te ora - the River is the source of spiritual and physical sustenance 
2. E rere kau mai te Awa nui mai te Kahui Maunga ki Tangaroa – the great River flows from the mountains to the sea 
3. Ko au te Awa ko te Awa ko au – I am the River and the River is me 
4. Ngā manga iti, ngā manga nui e honohono kau ana, ka tupu hei Awa Tupua – the small and the large streams that flow 
into one another and form one River 
Te Awa Tupua 
Represented by: Te Pou Tupua 
Two guardians acting as one 
- one nominated by the Crown 
- one nominated by Iwi 
Advised by: Te Karawao 
One person each from: 
- Nga Tangata Tiaki o Whanganui 
- iwi with other interests in the River 
- local authories 
Strategy group: Te Kopuka na Te 
Awa Tupua 
17 representatives of local 
community groups
How 
might 
this 
new 
institutional 
arrangement 
affect 
the 
governance 
structure 
of 
the 
Whanganui 
River/Te 
Awa 
Tupua? 
Meta-­‐constitutional 
choice 
The 
nested 
nature 
of 
rules 
and 
incentives 
using 
the 
Institutional 
Analysis 
and 
Development 
Framework 
Source: 
Adapted 
from 
McGinnis, 
1999
The 
Whanganui 
River/Te 
Awa 
Tupua 
Governance 
of 
the 
WR 
+ 
Actors 
governance 
structure 
Anthropocentric 
worldview Tikanga 
worldview 
National 
statutes 
Monitoring 
+ 
Sanctioning 
Management 
of 
the 
WR 
+ 
Actors 
District 
and 
Regional 
Plans 
Working 
rules-­‐ 
in-­‐use 
Monitoring 
+ 
Sanctioning 
Bio-­‐physical 
conditions 
Community 
attributes 
Rules-­‐in-­‐use 
Use 
of 
the 
WR 
+ 
Actors 
‘Mana’ 
of 
Iwi 
damaged; 
poor 
river 
health 
Constitutional 
choice 
level 
Collective 
choice 
level 
Operational 
choice 
level 
The 
nested 
nature 
of 
rules 
and 
incentives 
influencing 
governance 
of 
the 
the 
Whanganui 
River/Te 
Awa 
Tupua 
analysed 
using 
the 
Institutional 
Analysis 
and 
Development 
Framework 
Source: 
Adapted 
from 
McGinnis, 
1999 
Meta-­‐ 
constitutional 
choice 
level
The 
Whanganui 
River/Te 
Awa 
Tupua 
Governance 
of 
the 
WR 
+ 
Actors 
governance 
structure 
Anthropocentric 
worldview Tikanga 
worldview 
National 
statutes 
Monitoring 
+ 
Sanctioning 
Management 
of 
the 
WR 
+ 
Actors 
District 
and 
Regional 
Plans 
Working 
rules-­‐ 
in-­‐use 
Monitoring 
+ 
Sanctioning 
Bio-­‐physical 
conditions 
Community 
attributes 
Rules-­‐in-­‐use 
Use 
of 
the 
WR 
+ 
Actors 
‘Mana’ 
of 
Iwi 
damaged; 
poor 
river 
health 
Constitutional 
choice 
level 
Collective 
choice 
level 
Operational 
choice 
level 
The 
nested 
nature 
of 
rules 
and 
incentives 
influencing 
governance 
of 
the 
the 
Whanganui 
River/Te 
Awa 
Tupua 
analysed 
using 
the 
Institutional 
Analysis 
and 
Development 
Framework 
Source: 
Adapted 
from 
McGinnis, 
1999 
Te 
Ruruku 
Whakatupua 
Meta-­‐ 
constitutional 
choice 
level
Outcome: 
Three 
major 
changes
Outcome: 
Three 
major 
changes 
1. Introduces 
a 
new 
actor 
– 
“Te 
Awa 
Tupua” 
represented 
by 
“Te 
Pou 
Tupua”
Outcome: 
Three 
major 
changes 
1. Introduces 
a 
new 
actor 
– 
“Te 
Awa 
Tupua” 
represented 
by 
“Te 
Pou 
Tupua” 
2. Changes 
the 
property 
rights 
structure 
Entry Withdrawal Management Exclusion Alienation 
Legalising 
nature Te 
Awa 
Tupua 
(Judiciary) 
Te 
Awa 
Tupua 
(Judiciary) 
Te 
Awa 
Tupua 
(Community) 
Te 
Awa 
Tupua 
(Judiciary) 
Te 
Awa 
Tupua 
(Judiciary)
Outcome: 
Three 
major 
changes 
1. Introduces 
a 
new 
actor 
– 
“Te 
Awa 
Tupua” 
represented 
by 
“Te 
Pou 
Tupua” 
2. Changes 
the 
property 
rights 
structure 
Entry Withdrawal Management Exclusion Alienation 
Legalising 
nature Te 
Awa 
Tupua 
(Judiciary) 
Te 
Awa 
Tupua 
(Judiciary) 
3. Formalises 
“informal” 
Maori 
worldview 
Te 
Awa 
Tupua 
(Community) 
Te 
Awa 
Tupua 
(Judiciary) 
Te 
Awa 
Tupua 
(Judiciary) 
Anthropocentric 
worldview Tikanga 
worldview 
Constitutional 
choice 
Collective choice 
Operational choice
Outcome: 
Three 
major 
changes 
1. Introduces 
a 
new 
actor 
– 
“Te 
Awa 
Tupua” 
represented 
by 
“Te 
Pou 
Tupua” 
2. Changes 
the 
property 
rights 
structure 
Entry Withdrawal Management Exclusion Alienation 
Legalising 
nature Te 
Awa 
Tupua 
(Judiciary) 
Te 
Awa 
Tupua 
(Judiciary) 
3. Formalises 
“informal” 
Maori 
worldview 
Te 
Awa 
Tupua 
(Community) 
Te 
Awa 
Tupua 
(Judiciary) 
Te 
Awa 
Tupua 
(Judiciary) 
Anthropocentric 
worldview Tikanga 
worldview 
Constitutional 
choice 
Collective choice 
Operational choice
Conclusion 
• New 
property 
rights 
arrangement 
only 
worthwhile 
if 
benefits 
> 
costs 
• Will 
take 
several 
years 
to 
determine 
the 
effectiveness 
of 
this 
change 
• Already 
being 
replicated 
for 
the 
governance 
of 
Te 
Urewera 
National 
Park, 
New 
Zealand
Conclusion 
• New 
property 
rights 
arrangement 
only 
worthwhile 
if 
benefits 
> 
costs 
• Will 
take 
several 
years 
to 
determine 
the 
effectiveness 
of 
this 
change 
• Already 
being 
replicated 
for 
the 
governance 
of 
Te 
Urewera 
National 
Park, 
New 
Zealand 
Thank 
you. 
Questions 
and 
comments 
welcome.
Conclusion 
• New 
property 
rights 
arrangement 
only 
worthwhile 
if 
benefits 
> 
costs 
• Will 
take 
several 
years 
to 
determine 
the 
effectiveness 
of 
this 
change 
• Already 
being 
replicated 
for 
the 
governance 
of 
Te 
Urewera 
National 
Park, 
New 
Zealand 
Thank 
you. 
Questions 
and 
comments 
welcome. 
julia.talbot-­‐jones@anu.edu.au

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Giving rights to nature: A new institutional approach for overcoming social dilemmas?

  • 1. Giving rights to nature A new institutional approach for overcoming social dilemmas? Julia Talbot-­‐Jones PhD Candidate The Australian National University -­‐-­‐-­‐-­‐-­‐ julia.talbot-­‐jones@anu.edu.au
  • 2.
  • 3.
  • 4. Time for little data!!!
  • 5. Time for little data!!! But why?
  • 6.
  • 8. Outline of presentation Background: Social dilemma institutions – Introduce common institutional arrangements for transcending social dilemmas – A new approach?
  • 9. Outline of presentation Background: Social dilemma institutions Legalising nature Case study: Whanganui River, NZ – Introduce common institutional arrangements for transcending social dilemmas – A new approach? – Background – Legal Framework – Analysis of old and new governance arrangement using IAD Framewor
  • 10. Outline of presentation Background: Social dilemma institutions Legalising nature Case study: Whanganui River, NZ Conclusion: Outcomes – Introduce common institutional arrangements for transcending social dilemmas – A new approach? – Background – Legal Framework – Analysis of old and new governance arrangement using IAD Framewor – Identify changes resulting from the new arrangement
  • 11. Social dilemma institutions • Centralised governance; privatisation; community governance; co-­‐management – Differentiate through ownership of property rights (property rights are considered a bundle of rights) • Use Schlager and Ostrom’s (1992) five characteristics of property rights-­‐in-­‐use: 1) Entry – the right to enter a resource; 2) Withdrawl – the right to harvest and take some resource units out of the resource system; 3) Management – the right to change the physical structures in a resource system or develop a variety of physical infrastructures for any particular resource; 4) Exclusion – the right to determine who else could use the resource and what their specific rights would be; and 5) Alienation – the right to sell one or more of the first four rights permanently or for a given time period
  • 12. Comparison Entry Withdrawl Management Exclusion Alienation Centralised governance Government Government Government Government Government Privatisation Individual Individual Government (Individual) Individual Individual Community governance Community Community Community Community Community Co-management Government Government Community Government Government !
  • 13. Comparison Entry Withdrawl Management Exclusion Alienation Centralised governance Entry Withdrawl Management Exclusion Alienation Government Government Government Government Government Privatisation Individual Individual Government (Individual) Individual Individual Community governance Community Community Community Community Community Co-management Government Government Community Government Government ! Definitions Government: the collection of elected public officials designated to make decisions at the executive and legislative levels of a Government system Community: a group of people who interact directly, frequently, and in multi-­‐faceted ways Individual: just one person or organisation Centralised governance Government Government Government Government Government Privatisation Individual Individual Government (Individual) Individual Individual Community governance Community Community Community Community Community Co-management Government Government Community Government Government !
  • 14. Comparison Entry Withdrawl Management Exclusion Alienation Centralised governance Entry Withdrawl Management Exclusion Alienation Government Government Government Government Government Privatisation Individual Individual Government (Individual) Individual Individual Community governance Community Community Community Community Community Co-management Government Government Community Government Government ! Definitions Government: the collection of elected public officials designated to make decisions at the executive and legislative levels of a Government system Community: a group of people who interact directly, frequently, and in multi-­‐faceted ways Individual: just one person or organisation Centralised governance Government Government Government Government Government Privatisation Individual Individual Government (Individual) Individual Individual Community governance Community Community Community Community Community Co-management Government Government Community Government Government ! Also, can’t forget the importance of social capital, transaction costs, and leadership influencing the success (or failure) of institutional arrangements
  • 15. A new approach? “I am quite seriously proposing that we give legal rights to forests, oceans, rivers, and other so-­‐called “natural objects” in the environment – indeed to the natural environment as a whole.” -­‐ Stone C. 1972. Should trees have standing? Toward legal rights for natural objects. 45 S. Cal. L. Rev. 450.
  • 16. Case Study: The Whanganui River, NZ
  • 17. Case Study: The Whanganui River, NZ
  • 18. Case Study: The Whanganui River, NZ Ecological perspective: The river is ecologically unhealthy (Sunde, 2003) Tikanga perspective: “Physical pollution of the Whanganui River affects its soul, its wairua; its supernatural and divine power, its mana; and, through the sacred affinity of this sacred place to our people, affects us, mentally, physically, and spiritually. No chemical combatants will reduce or eliminate this effect, nor will it alter the breach of tapu.” (Hikaia Amohia, 1988)
  • 19. Case Study: The Whanganui River, NZ Ecological perspective: The river is ecologically unhealthy (Sunde, 2003) Tikanga perspective: “Physical pollution of the Whanganui River affects its soul, its wairua; its supernatural and divine power, its mana; and, through the sacred affinity of this sacred place to our people, affects us, mentally, physically, and spiritually. No chemical combatants will reduce or eliminate this effect, nor will it alter the breach of tapu.” (Hikaia Amohia, 1988) à Social dilemma – “river health and wellbeing” is not being provided for -­‐ how can we address these issues?
  • 20. Let ’s make the river own itself!
  • 21. Let ’s make the river own itself! But how?!
  • 22. Let ’s make the river own itself! But how?! 1. “Te Awa Tupua is an indivisible and living whole comprising the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements.” [s2.1]
  • 23. Let ’s make the river own itself! But how?! 1. “Te Awa Tupua is an indivisible and living whole comprising the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements.” [s2.1] 2. “Te Awa Tupua is a legal person” [s2.2] with “…the same rights, powers, duties, and liabilities of a legal person.” [s2.3]
  • 24. Let ’s make the river own itself! But how?! 1. “Te Awa Tupua is an indivisible and living whole comprising the Whanganui River from the mountains to the sea, incorporating its tributaries and all its physical and metaphysical elements.” [s2.1] 2. “Te Awa Tupua is a legal person” [s2.2] with “…the same rights, powers, duties, and liabilities of a legal person.” [s2.3] 3. Title of the river bed will be vested away from the Crown and placed in the name of Te Awa Tupua itself. [s6.1]
  • 26. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement
  • 27. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement Te Ruruku Whakatupua – Legal Framework
  • 28. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement Te Awa Tupua Te Ruruku Whakatupua – Legal Framework
  • 29. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement Te Awa Tupua Represented by: Te Pou Tupua Two guardians acting as one - one nominated by the Crown - one nominated by Iwi Te Ruruku Whakatupua – Legal Framework
  • 30. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement Te Awa Tupua Represented by: Te Pou Tupua Two guardians acting as one - one nominated by the Crown - one nominated by Iwi Advised by: Te Karawao One person each from: - Nga Tangata Tiaki o Whanganui - iwi with other interests in the River - local authories Te Ruruku Whakatupua – Legal Framework
  • 31. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement Te Awa Tupua Represented by: Te Pou Tupua Two guardians acting as one - one nominated by the Crown - one nominated by Iwi Advised by: Te Karawao One person each from: - Nga Tangata Tiaki o Whanganui - iwi with other interests in the River - local authories Te Ruruku Whakatupua – Legal Framework Strategy group: Te Kopuka na Te Awa Tupua 17 representatives of local community groups
  • 32. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement Te Awa Tupua Represented by: Te Pou Tupua Two guardians acting as one - one nominated by the Crown - one nominated by Iwi Advised by: Te Karawao One person each from: - Nga Tangata Tiaki o Whanganui - iwi with other interests in the River - local authories Te Ruruku Whakatupua – Legal Framework Strategy document: Te Heke Ngahuru ki Te Awa Tupua Strategy group: Te Kopuka na Te Awa Tupua 17 representatives of local community groups
  • 33. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement Te Awa Tupua Represented by: Te Pou Tupua Two guardians acting as one - one nominated by the Crown - one nominated by Iwi Advised by: Te Karawao One person each from: - Nga Tangata Tiaki o Whanganui - iwi with other interests in the River - local authories Te Ruruku Whakatupua – Legal Framework Strategy document: Te Heke Ngahuru ki Te Awa Tupua Strategy group: Te Kopuka na Te Awa Tupua 17 representatives of local community groups
  • 34. New legal framework Ruruku Whakatupua Te Mana o te Iwi o Whanganui - The Deed of Settlement Te Ruruku Whakatupua – Legal Framework Strategy document: Te Heke Ngahuru ki Te Awa Tupua Guided by Tupua te Kawa (four intrinsic values): 1. Ko te Awa te mātāpuna o te ora - the River is the source of spiritual and physical sustenance 2. E rere kau mai te Awa nui mai te Kahui Maunga ki Tangaroa – the great River flows from the mountains to the sea 3. Ko au te Awa ko te Awa ko au – I am the River and the River is me 4. Ngā manga iti, ngā manga nui e honohono kau ana, ka tupu hei Awa Tupua – the small and the large streams that flow into one another and form one River Te Awa Tupua Represented by: Te Pou Tupua Two guardians acting as one - one nominated by the Crown - one nominated by Iwi Advised by: Te Karawao One person each from: - Nga Tangata Tiaki o Whanganui - iwi with other interests in the River - local authories Strategy group: Te Kopuka na Te Awa Tupua 17 representatives of local community groups
  • 35. How might this new institutional arrangement affect the governance structure of the Whanganui River/Te Awa Tupua? Meta-­‐constitutional choice The nested nature of rules and incentives using the Institutional Analysis and Development Framework Source: Adapted from McGinnis, 1999
  • 36. The Whanganui River/Te Awa Tupua Governance of the WR + Actors governance structure Anthropocentric worldview Tikanga worldview National statutes Monitoring + Sanctioning Management of the WR + Actors District and Regional Plans Working rules-­‐ in-­‐use Monitoring + Sanctioning Bio-­‐physical conditions Community attributes Rules-­‐in-­‐use Use of the WR + Actors ‘Mana’ of Iwi damaged; poor river health Constitutional choice level Collective choice level Operational choice level The nested nature of rules and incentives influencing governance of the the Whanganui River/Te Awa Tupua analysed using the Institutional Analysis and Development Framework Source: Adapted from McGinnis, 1999 Meta-­‐ constitutional choice level
  • 37. The Whanganui River/Te Awa Tupua Governance of the WR + Actors governance structure Anthropocentric worldview Tikanga worldview National statutes Monitoring + Sanctioning Management of the WR + Actors District and Regional Plans Working rules-­‐ in-­‐use Monitoring + Sanctioning Bio-­‐physical conditions Community attributes Rules-­‐in-­‐use Use of the WR + Actors ‘Mana’ of Iwi damaged; poor river health Constitutional choice level Collective choice level Operational choice level The nested nature of rules and incentives influencing governance of the the Whanganui River/Te Awa Tupua analysed using the Institutional Analysis and Development Framework Source: Adapted from McGinnis, 1999 Te Ruruku Whakatupua Meta-­‐ constitutional choice level
  • 39. Outcome: Three major changes 1. Introduces a new actor – “Te Awa Tupua” represented by “Te Pou Tupua”
  • 40. Outcome: Three major changes 1. Introduces a new actor – “Te Awa Tupua” represented by “Te Pou Tupua” 2. Changes the property rights structure Entry Withdrawal Management Exclusion Alienation Legalising nature Te Awa Tupua (Judiciary) Te Awa Tupua (Judiciary) Te Awa Tupua (Community) Te Awa Tupua (Judiciary) Te Awa Tupua (Judiciary)
  • 41. Outcome: Three major changes 1. Introduces a new actor – “Te Awa Tupua” represented by “Te Pou Tupua” 2. Changes the property rights structure Entry Withdrawal Management Exclusion Alienation Legalising nature Te Awa Tupua (Judiciary) Te Awa Tupua (Judiciary) 3. Formalises “informal” Maori worldview Te Awa Tupua (Community) Te Awa Tupua (Judiciary) Te Awa Tupua (Judiciary) Anthropocentric worldview Tikanga worldview Constitutional choice Collective choice Operational choice
  • 42. Outcome: Three major changes 1. Introduces a new actor – “Te Awa Tupua” represented by “Te Pou Tupua” 2. Changes the property rights structure Entry Withdrawal Management Exclusion Alienation Legalising nature Te Awa Tupua (Judiciary) Te Awa Tupua (Judiciary) 3. Formalises “informal” Maori worldview Te Awa Tupua (Community) Te Awa Tupua (Judiciary) Te Awa Tupua (Judiciary) Anthropocentric worldview Tikanga worldview Constitutional choice Collective choice Operational choice
  • 43. Conclusion • New property rights arrangement only worthwhile if benefits > costs • Will take several years to determine the effectiveness of this change • Already being replicated for the governance of Te Urewera National Park, New Zealand
  • 44. Conclusion • New property rights arrangement only worthwhile if benefits > costs • Will take several years to determine the effectiveness of this change • Already being replicated for the governance of Te Urewera National Park, New Zealand Thank you. Questions and comments welcome.
  • 45. Conclusion • New property rights arrangement only worthwhile if benefits > costs • Will take several years to determine the effectiveness of this change • Already being replicated for the governance of Te Urewera National Park, New Zealand Thank you. Questions and comments welcome. julia.talbot-­‐jones@anu.edu.au