NOTE: Explain that this is an immersive session, so we won’t be doing some of our normal opening activities.

1. Check-in 

2. Designated Photographer 

Do not run the Awe & Wonder or Be Here Now Exercise this week.

IMPORTANT NOTES 

Before the Ambassadors arrive, decide upon how to set up the court-room. Have seating front-and-centre as the Judges’ bench, with something they can hit their gavel upon. Position separate tables and chairs for the Prosecution Team and Defence Team in the middle of the room. Set the jury in a row of chairs along one side of the courtroom.

Decide in advance if a facilitator or a pair of Ambassadors will be the judges. This plan is written assuming Ambassadors will be judges. It is essential that the jury is an odd number of people to prevent a tie at the final voting stage.

Recap & Overview | 1 min

Say: “Last week, we explored what human rights are, why they exist and whether nature should have rights, too. We also told you about the famous court case for the Whanganui River in New Zealand. This week, we’re going to explore some of the big questions raised by that case by re-running our own version of the trial, with all of you taking part!”

PART 1: Set the Scene and Choose Roles | 5 mins

Say: “Today, we're going to court! Before we begin, there's something important you need to know. This is a MOCK court case. This isn't how the Whanganui River actually gained its legal status.” (It is really important the Ambassadors understand this.) 

“We're creating our own fictional court case, inspired by its story, so that we can explore different arguments for and against giving a river legal rights.”

Say: “Today, the question before the court is: SHOULD THE WHANGANUI RIVER HAVE LEGAL RIGHTS?”

Introduce the Roles

Note: As the facilitator, your role during the activity is to manage the courtroom and keep the trial to time, whilst supporting the Judges in introducing each stage and making sure everyone follows the Court Rules.

Explain clearly: “In a moment, you will have the chance to decide which role you want to take in the court case, but because there are only so many spaces in each group, I want to ask you to share the roles kindly, fairly and with respect to one another. Remember Ubuntu - we are here to care for and support each other.

“Some of you will be arguing for river rights, some of you against and others will become the jury, who will have the power to make the final verdict on the case. Two people will become the judges, who will oversee proceedings in court. 

“Choose two different roles that you would like to try, in case you don’t get to have your first choice.”

Explain the roles:

• “FOR” TEAM (The Defence): Build the strongest possible argument FOR the Whanganui River having legal rights. There will be 7-8 Ambassadors in this team. 

• “AGAINST” TEAM (The Prosecution): Build the strongest possible argument AGAINST the Whanganui River having legal rights. There will be 7-8 Ambassadors in this team. 

• JURY: Listen carefully to both sides and decide which case is most convincing. There will be 13 in the Jury.

• JUDGES: Introduce each section of the trial and oversee proceedings in court. There will be 1-2 Judges.

Explain: “You might end up arguing for something that you don't personally believe. That's okay. It's actually part of today's challenge. Being able to understand an argument doesn't mean you have to agree with it.”

Organise the Group 

Indicate four spaces in the room, one for each role-type.  

Say: “You have 30 seconds to decide which role you would most like to be in and stand in the right space. Go to your second choice if you don’t get your first choice.”

Allow the Ambassadors to move. Quickly adjust numbers where necessary. 

NOTE: Keep this moving. If numbers don't work immediately, allocate the remaining places rather than spending valuable workshop time negotiating roles. 

Organise the groups, asking them to sit in their respective areas of the court, handing each their appropriate instruction card:

• The Prosecution (Against) and the Defence (For): will prepare arguments based on their statement cards

• The Jury: will prepare to listen to the arguments and determine their verdict

• The Judges: will introduce each stage of the trial

PREPARATION SNAPSHOT:

“FOR” TEAM (DEFENCE)

Your question is: “Why SHOULD the Whanganui River have legal rights?”

Use your evidence and argument cards.

Decide:

• What are your strongest arguments?

• How will you present your case? 

• What evidence or examples support it?

• Who will speak?

• What might the AGAINST team say?

“AGAINST” TEAM (PROSECUTION)

Your question is: “Why might someone argue that the Whanganui River SHOULD NOT have legal rights?”

Decide:

• What are your strongest arguments?

• How will you present your case? 

• What evidence or examples support it?

• Who will speak?

• What might the FOR team say?

Announce: Each team will be granted a BONUS POINT if they come up with additional points or arguments for or against.

Say: “You now have nine minutes to get ready for court.”

JURY

Do not decide your verdict yet. Prepare to listen for:

• Which arguments are clearly explained

• Which arguments use evidence

• Which arguments make you think differently

• What consequences has each side considered

JUDGES

• Agree a signal with the Court Timekeeper (facilitator) for when to introduce the next section of the trial.

• Read through your short Court Script and Court Rules. 

• Practise all your lines!

Allow the groups to prepare for nine minutes. As the groups work, check that the Ambassadors understand their tasks. Hand out a piece of flipchart paper and pens to each group (except the judges). The groups can use these to make a record of their discussions/case however they wish. 

NOTE: during the court case, if the Ambassadors are judges, give them the authority to manage the court proceedings. However, because timings need to be managed precisely, The Facilitators should remain in the official role of “Court Timekeeper”. Ensure they understand that you will signal them whenever the next stage of the trial needs to be introduced.

Assemble the Ambassadors into a court. Have the Prosecution and Defence seated side-by-side before the seat of the judges, and the jury seated to one side. Ensure the judges begin standing ‘outside’ the courtroom and understand that they must wait until you call them to enter.

1. OPEN THE COURT | 1 min

Judges: “This court is now in session.” BANG THE GAVEL.

Facilitator: “Please be seated.”

The Judges briefly remind everyone of the Court Rules (on a Slide).

The Judges announce: “The question before the court is: Should the Whanganui River have legal rights like a person? We will hear arguments from the Prosecution, followed by the Defence.”

2. CASE AGAINST THE RIVER | 2 mins

Judges: “We will now hear the case AGAINST giving the Whanganui River legal rights from the Prosecution.”

The AGAINST Team presents its strongest arguments.

3. CASE FOR THE RIVER | 2 mins

Judges: “We will now hear the case FOR giving the Whanganui River legal rights from the Defence.”

The FOR Team presents its strongest arguments.

4. FINAL RESPONSE | 2 mins

Judges: “Each side now has one final opportunity to respond to something they heard from the other side.”

• FOR – up to 1 minute

• AGAINST – up to 1 minute

Remind them: “Respond to the argument, not the person.”

5. JURY DELIBERATION | 3 mins

Judges: “The court now calls upon the jury to discuss the case and reach its verdict.”

The Jury discusses: Should the Whanganui River have legal rights? Remind them to base their decision on the arguments and evidence they have heard, rather than simply what they believed before the trial.

Each member of the Jury votes either YES or NO. They count their total votes for and against. They nod to judges when they are ready or their time is up. 

6. VERDICT & CLOSE | 2 mins

The Judges stand and say: “The court calls upon the jury to deliver its verdict.”

The Jury spokesperson stands and announces the verdict. 

The Judges ask: “The court asks the jury to explain which arguments most-influenced its final verdict and why.”

The Jury spokesperson responds.

The Judges announce: “The court has reached its final decision. This case is now closed. The Court is adjourned.” BANG THE GAVEL.

Ask the Ambassadors to give themselves a big round of applause.

Say: “Okay. Your courtroom roles are now finished. You are now officially yourselves again! Remember, the verdict of our mock court doesn't have to be your verdict.”

Quickly ask: “In your personal opinion, who thinks rivers should be able to have legal rights?”

Ask for hands up in turn for: YES / NO / NOT SURE.

Invite responses from one or two different perspectives.

Ask one or both of these questions:

• “Did arguing or listening to a different side change your thinking at all?”

• “Did anything make the question more complicated?”

IMPORTANT CONCLUSION: WHAT REALLY HAPPENED?

Say: “One thing we need to remember is that the real Whanganui story didn't happen through a trial like the one we just created. The Māori court case was the longest in New Zealand's history and lasted 140 years! The Whanganui River became one of the first rivers in the world to be recognised in law as a legal person with rights and protections. For generations, Whanganui Iwi worked to have their relationship with the river recognised. There were claims, negotiations, agreements and many years of continuing to speak up. In 2017, the New Zealand Parliament passed a law recognising Te Awa Tupua as a legal person.”

Land: “Big change rarely happens because of one person, one conversation or one moment. It often happens because people care about something, work together, keep speaking up and find ways to influence the people and systems that make decisions. 

Later in the programme, through Project Planet Love, you'll explore different ways that you can create change around something you care about.” 

Link to next week’s session: “In next week’s session, you are going to be playing a Bertha Earth board game where you will work together and discover lots of different ways in which you can make change in your neighbourhood!”

The 3-2-1 Reflection is split into two parts. If you have time, complete both. If not, choose Part 1 or Part 2, based on what you feel will best serve the needs of your group.