New Zealand Proposes Legal Personhood for Whales Amid Global Conservation Efforts

Whales play a critical ecological role, functioning as essential nutrient transporters within marine systems and significant biological carbon sinks capable of sequestering substantial amounts of CO2 from the atmosphere. Their large size and long lifespan, which can extend up to 200 years, allow them to exert a powerful influence on the carbon cycle, proving far more effective than smaller organisms. Their waste, rich in iron and nitrogen, fertilizes surface phytoplankton, which forms the base of the ocean food web and is responsible for producing at least 50% of the planet's oxygen.

Global conservation efforts are yielding mixed results, reflecting the complexity of current threats. While humpback whale populations have shown notable recovery, estimated now at approximately 80,000 individuals due to their dietary flexibility, the North Atlantic right whale faces a severe risk of extinction. The North Atlantic right whale population, once numbering up to 20,000 before commercial whaling, was estimated at around 384 individuals as of early 2026, with only 15 calves documented in that winter season. The primary causes of mortality for this species remain vessel collisions and entanglement in lobster and crab fishing gear, a problem exacerbated by climate change altering their food distribution.

In a potentially transformative legal development, Green Party Member of Parliament Teanau Tuiono introduced the *Tohorā Oranga* Bill in Aotearoa New Zealand on February 11, 2026. This bill proposes recognizing whales (*tohorā*) as legal persons with inherent rights, marking a shift from a harm-reduction approach to one based on values and relationships. This move is supported by deep engagement from Māori leaders, including iwi Ngāti Wai and the Hinemoana Halo Ocean Fund, who regard *tohorā* as sacred ancestors and *taonga* (treasures) of the sea.

The rights proposed under the *Tohorā Oranga Bill* include the right to freedom of movement and migration, protection of natural behaviors, the right to a healthy environment, and the right to ecosystem restoration, all founded on the principles of *te ao Māori*. This action follows a legal precedent in New Zealand where natural entities such as the Whanganui River and Te Urewera National Park have been granted legal personhood through Waitangi Treaty settlements. The recognition aims to compel policymakers to prioritize whale rights in decisions concerning maritime activities, seabed mining, and coastal development.

In parallel conservation developments, the French government is reviewing the future of two captive orcas, Wikie and Keijo, following a 2021 ban on keeping toothed whales in captivity. These protective measures, whether through individual legal status or captivity bans, underscore a growing global awareness of the irreplaceable role whales play in ecological balance and the importance of protecting them as beings with intrinsic value beyond traditional conservation frameworks. Scientists estimate the economic value of a single whale, including its lifetime carbon sequestration, could exceed two million US dollars.