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Recentering Earth in the Legal System with Erin Matariki Carr (RIVER Collective)

18th Jun 2024 Gemini 1.5 Pro

Introduction

This podcast episode of The Regeneration Will Be Funded features Erin Matariki Carr, project lead and Kaiako of RIVER Collective. Hailing from Aotearoa, New Zealand, Erin's Māori heritage, particularly her Ngāi Tūhoe roots, deeply informs her work on rights of nature, decolonization, and constitutional transformation. This summary explores Erin's insights from the podcast, highlighting her unique perspective on re-centering Earth within legal frameworks.

Te Tiriti o Waitangi and the Colonial Context

Erin emphasizes the historical context of Te Tiriti o Waitangi, the treaty signed in 1840 between Māori chiefs and the British Crown. She underscores that the Māori understanding of the treaty significantly differs from the British interpretation.

It made no sense and nowhere in the history of anyone's constitution would a people voluntarily give up their sovereign power to another. And so that's the heart of Te Tiriti.

This difference in understanding, rooted in mistranslation and manipulation, lies at the heart of Aotearoa's ongoing constitutional transformation. Māori, despite being the vastly larger population at the time of the treaty signing, now only hold 4% of the land. Erin argues that this stark reality is a direct consequence of colonization's three mechanisms: the doctrine of discovery, forceful disconnection of indigenous people from their land, and strategic amnesia. These mechanisms, she argues, perpetuate the power imbalances that continue to marginalize indigenous communities.

Te Uruwera: A Beacon of Hope and Transformation

Erin highlights the landmark achievement of Te Uruwera Act 2014, which granted legal personhood to Te Uruwera, a large rainforest in Aotearoa, marking it as the first forest in the world to achieve such status.

So it is a result of a treaty settlement, which is the connection back to Te Tiriti o Waitangi. A lot of effort by our ancestors, my grandfather's generation, and younger, actually, my uncles, aunties, really pushing for acknowledgement by the Crown.

This act, she explains, was a powerful step towards recognizing the intrinsic rights of nature, shifting away from the paradigm of resource management towards human management for the benefit of the Earth.

Redefining Conservation: From National Parks to Friendship Agreements

Erin challenges the conventional notion of conservation, particularly the concept of national parks, which she argues further disconnects humans from nature. She advocates for a more holistic approach rooted in reciprocity and responsibility.

And so it's just a total rejection of that. And it's interesting because in Aotearoa, our major piece of legislation governing land is called the Resource Management Act. So there inherent is the massive worldview difference.

To foster this reconnection, Erin speaks about the importance of establishing "friendship agreements" with nature, emphasizing the need for reciprocal relationships rather than transactional ones. This approach, she believes, will lead to more sustainable and equitable practices that benefit both people and the planet.

Constitutional Transformation: Reclaiming Māori Legal Systems

Erin's vision for constitutional transformation extends beyond mere policy adjustments; it calls for a fundamental shift in how legal systems operate. She advocates for recognizing and incorporating Māori legal systems, specifically highlighting the concepts of kawa (nature's law) and tikanga (the right way of doing things).

And then the next sort of space that I'm realising through my work across Aotearoa is the creation of hubs of places that we can go to which are more restorative.

She envisions a future where legal frameworks are grounded in kinship with the earth, prioritizing collective decision-making, and emphasizing responsibility over rights. This transformation, she believes, will pave the way for a more just and sustainable world for all.