REPORT: Whiria Ngā Aho Te Whāriki

Whiria Ngā Aho Te Whāriki: Using litigation as a tool in the pursuit of rangatiratanga and kaitiakitanga.

July 2022

Whāia Legal. 2022. Whiria Ngā Aho Te Whāriki: Using litigation as a tool in the pursuit of rangatiratanga and kaitiakitanga. p. 69

ABSTRACT

This Report has been developed as part of the New Zealand Biological Heritage National Science Challenge and is intended to contribute to the Adaptive Governance and Policy Strategic Outcome. The purpose of the Report is to provide guidance on novel legal arguments that could be used within the legal system to advance the recognition of rangatiratanga and kaitiakitanga within the context of te taiao.

The Authors of the Report undertook a literature and case law review, which demonstrated that kaitiakitanga and rangatiratanga in the context of te taiao cannot be fully realised within the existing constitutional and legal framework. Instead, change will require a coordinated and sustained approach across a number of fronts. Leveraging legal arguments, through litigation and other forms of advocacy, will have an important role to play in this transformation.