Law, Climate, Resilience

Scientists warn that we have a rapidly narrowing window of opportunity to act on climate change. Oceans, coasts, and wetlands are key to our climate transition. Estuaries, harbours and wetlands are powerful carbon sinks. These blue carbon ecosystems can generate carbon credits and reduce emissions. They also provide benefits to nature, communities, and economies, and Māori have legal rights and rangatiratanga in marine and coastal areas.
Right now, Aotearoa’s laws and policies don’t provide for Blue Carbon. But we are an island nation with a vast coastline. Our marine territory is 15 times our landmass. And most New Zealander’s live near the sea, making us vulnerable to climate change.
Governments around the world are developing Blue Carbon laws and policies, and advocates are already launching voluntary Blue Carbon restoration projects. We need laws and policies for restoring and protecting Blue Carbon ecosystems that are effective, robust, and just.
Over the next 5 years, in partnership with Ngāi Tahu, I will lead the Rutherford Discovery Fellowship research programme Blue Carbon Futures in Aotearoa New Zealand: Law, Climate, Resilience, generously funded by Te Apārangi – The Royal Society of New Zealand.
Image credit: NIWA.
Blue Carbon ecosystems store carbon, buffer storm surge, sea-level rise and erosion, filter pollutants from land runoff, and combat marine wildlife habitat loss. These carbon-rich ecosystems are vital to mitigating the impacts of climate change. They are also critical for coastal biodiversity, food security, livelihoods and human well-being, in addition to climate adaptation – protecting millions of people globally from the impacts of storms, coastal flooding and erosion. Blue carbon ecosystems are also under threat – once these ecosystems are degraded or destroyed, their carbon stores are released as carbon dioxide, contributing to climate change. The effects of climate change further threaten coastal ecosystems through the impacts of sea level rise, extreme weather events, and ocean acidification.
Effective management and restoration of Blue Carbon ecosystems is increasingly recognised in international and scientific circles as a ‘nature-based solution’ to climate change, with a range of environmental, economic and social co-benefits. Policy discussions surrounding Blue Carbon are new and emerging, and there are many unanswered questions about the more effective and fair way to ensure their restoration and protection for the benefit of current and future generations.
Source: Adapted from Macpherson and Jorgensen (2024) and Aotearoa New Zealand’s Key Marine Legislation Sustainable Seas (2020)


University of Canterbury
Law
Elizabeth is a Professor of Law at the University of Canterbury and leader of the Blue Carbon Futures research programme. She researchers comparative environmental, natural resources, and constitutional law, and has led numerous interdisciplinary teams working on the design and implementation of marine and freshwater legal and policy frameworks. Elizabeth has over twenty years legal and policy experience advising Indigenous peoples and governments.

Ngāi Tahu Research Centre
Indigenous development
Professor John Reid is a researcher at the Ngāi Tahu Research Centre whose work integrates te ao Māori, systems thinking, and sustainability and interdisciplinary science. His research focuses on environmental governance, regenerative land water management, Māori economic development, and emerging technologies, including AI, remote sensing, and environmental digital twins. He collaborates with iwi, industry, government, and researchers to address complex sustainability challenges.

Tidal Research
Ecology
Richard is a marine ecologist and Director of Tidal Research, with more than 15 years’ experience in benthic ecology, ecosystem functioning, blue carbon, and coastal management. He leads national research programmes on blue carbon, cumulative effects, and ecosystem restoration, and works closely with iwi, government agencies, and communities to support evidence-based management of Aotearoa New Zealand’s marine and estuarine environments.

University of Auckland
Geography and governance
Karen is a Professor of Human Geography at the University of Auckland whose research focuses on freshwater and marine socio-ecological systems, environmental governance, and sustainable development. Her work explores the relationships between people, place, and ecosystems, with a particular emphasis on Indigenous knowledge, co-governance, and environmental justice. Karen has led interdisciplinary research programmes that support innovative approaches to managing freshwater and marine environments in Aotearoa New Zealand.

University of Canterbury
Law
Rachael is a qualifed environmental lawyer, and a PhD researcher at the University of Canterbury. Rachael's research focuses on environmental, natural resources and planning law with particular interest in marine and coastal governance. Rachael contributes to interdisciplinary and comparative research, exploring the intersection of law, policy, Indigenous rights, and environmental management in Aotearoa New Zealand and beyond.

University of Canterbury
PhD Researcher: Law and Society
Claire is a doctoral researcher in the Faculty of Law at the University of Canterbury and a member of the Blue Carbon Futures research programme. Her research examines Indigenous authority, customary marine tenure, and blue carbon initiatives across Aotearoa New Zealand and Australia. Claire brings extensive policy, advocacy, and research experience working with governments, NGOs, and Indigenous communities, with interests in legal pluralism, climate justice, and decolonising environmental policy.

University of Canterbury
Postdoctoral Fellow
Julia holds a PhD in Legal Geography from the University of Canterbury. She also holds an LL.M. in International Legal Studies from American University Washington College of Law and a Law Degree from the Benemerita Universidad Autónoma de Chiapas. Her research interests include comparative law, particularly in the fields of environmental law and policy, Indigenous rights, and human rights.

University of California
Visiting Scholar
Molly is an MSc candidate in the Coastal Science & Policy Program at the University of California, Santa Cruz. She is researching permitting pathways to scale up coastal wetland restoration. Molly holds a B.A. in Communications, Law, Economics, & Government from American University and a MSc in Environmental Policy & Regulation from the London School of Economics.

The legal barriers, enablers and risks of blue carbon restoration and management vary from place to place depending on land tenure arrangements, Māori rights and interests, and regional planning controls.
This Rutherford Discovery Fellowship programme will include representative place-based studies at different spatial scales to explore the various legal barriers, opportunities and risks of blue carbon.
The programme will also explore comparative case studies, to understand how blue carbon legal frameworks are being designed and implemented overseas.
Some place-based studies may involve in-depth engagement with local communities, and some may be more desktop focused.
Study locations TBC

In this article we draw on our experiences and provide our four top tips for researchers of river personhood.
In this article we find that communities are strategically leveraging river rights frameworks, alongside constitutional and human rights protections, to assert and enhance their territorial autonomy.
In this article we argue that centring relationality in environmental law frameworks might help to shift away from binary approaches to environmental law, which trade off economic versus environmental and cultural interests.
In this chapter we argue that researchers cannot understand and learn from relational water governance approaches without humility and critical self-reflection, particularly regarding their worldviews, positionality and disciplinary biases.
This article explores enablers and bariers for blue carbon restoration and management in Aotearoa New Zealand, including the role of government and the insurance industry.
This op-ed highlights the ways in which the New Zealand Government’s proposed Fast-Track Approvals Bill would enable the prioritisation of development interests over environmental and Indigenous interests, including in marine and coastal contexts.
This report uses a Systems Thinking approach to describe the connections between actions of different stakeholders, and manawhenua, within the coastal-wetland carbon sequestration ‘system’, and highlights key actions and interventions for carbon sequestration to be considered in management of coastal wetlands in Aotearoa New Zealand

This Research programme is generously funded by Te Apārangi - The Royal Society and runs from 2024 – 2029.
Elizabeth Macpherson