New Zealand Introduces Bill Granting Legal Personhood to Whales

Aotearoa New Zealand has advanced a significant legislative proposal, the Tohorā Oranga Bill, formally introduced on February 11, 2026, which seeks to confer legal personhood upon whales, or tohorā. This measure moves beyond existing conservation frameworks by establishing inherent rights for the marine mammals, a concept informed by te ao Māori principles. The bill's introduction positions New Zealand at the forefront of the global rights of nature movement and suggests a potential shift in international ocean governance.

The proposed rights detailed within the Tohorā Oranga Bill are extensive, covering the right to freedom of movement and migration, protection of natural behaviors, and the entitlement to a healthy marine environment for thriving. Furthermore, the legislation includes provisions for the restoration and regeneration of whale habitats and ecosystems. Green Party MP Teanau Tuiono, who lodged the Member's Bill, stated that recognizing the mana of the tohorā would mandate that decision-makers in environmental and maritime law uphold these rights, thereby transitioning the human perspective from anthropocentric to one that shares the planet with sentient species. The initiative has involved active participation from iwi Ngāti Wai and the Hinemoana Halo Ocean Fund, who are credited as the genesis of the proposal.

The urgency for such protections is underscored by the ecological function of whales, particularly their role in climate mitigation. Whales act as essential components of ocean health, serving as living carbon sinks that sequester atmospheric carbon dioxide within their biomass. Great whales can accumulate up to 33 tons of CO2 over their lifespan, surpassing the sequestration capacity of many trees. Upon death, the process of 'whale fall' sees their carcasses sink, effectively trapping this carbon in deep-sea sediments for millennia. Additionally, whales enhance the ocean's carbon absorption via the 'whale pump' mechanism; their feeding and diving activities release nutrient-rich plumes that fertilize surface phytoplankton, which subsequently remove substantial atmospheric carbon through photosynthesis.

While New Zealand pursues legislative recognition, other whale populations confront immediate, tangible threats. The North Atlantic right whale population, critically endangered with only approximately 370 individuals remaining, suffers severe impacts from vessel strikes and entanglement in fishing gear. In 2024, confirmed large whale entanglement cases in the United States reached 95, surpassing the 17-year average of 71.4 cases. These incidents, frequently involving lines from crab and lobster traps, can result in life-threatening injuries and reduced reproductive success. Conversely, certain species exhibit resilience; the humpback whale population has rebounded significantly, with estimates rising from a low of 10,000 to around 80,000 individuals, a recovery partly attributed to dietary flexibility amid changing ocean conditions, according to research published in late 2025.

Globally, the welfare debate continues, exemplified by the French government's ongoing deliberations concerning the status of two captive orcas, Wikie and Keijo, following France's 2021 national ban on cetacean captivity. Although the Tohorā Oranga Bill in New Zealand faces an uncertain path through the parliamentary ballot process, it is already recognized as a landmark event that will influence future discussions on marine species rights and environmental stewardship.