TE PIRINGA FACULTY OF LAW
Māori Land Law 2014 Outline
1. Identification of Paper
Paper: LAWS406-14B
This paper carries 20 points
2. Staffing
Linda Te Aho (Course Convenor) Room G14
Telephone: 856 2889
Ext 8811 Email: naumai@waikato.ac.nz
.
Available by appointment.
3. Description and Structure of Paper
An examination of the legal principles applicable to Māori Land; the history of Māori land legislation; present laws and practices; the effective utilisation of Māori land; and proposals for future utilisation.
(b) Structure of the Paper
This is a B semester paper. The teaching component comprises two 2-hour lectures each week as set out in the table below:
Lecture and stream timetable and rooms
Monday
Friday
1.00 pm to 3.00 pm
12.00 noon to 2.00 pm
TC.3.36
AG.12
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Attendance is required for satisfactory completion of the paper.
4. Learning outcomes
A student who has successfully completed this course will understand and know about: a) Customary Māori concepts of land tenure; b) History of Māori land legislation; c) History, functions, duties and practical workings of the Māori Land Court; d) Legal principles relevant to Māori land; e) Ways and means of effectively utilising Māori land; f) Ways in which the law and the Māori Land Court might best meet the needs of owners, trustees, and custodians of Māori land.
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A student who has completed the course successfully should also be able to provide effective, practical and feasible advice to whānau, hapū and iwi for the utilisation and management of Māori land.
5. Workload
Students should expect to spend 200 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
6. Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay,
Murray & Orpin, New Zealand Law Style Guide, 2 nd edition, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $37 incl GST.
In addition to the texts identified below, students must purchase the course materials books for this paper. These are available from Waikato Print.
Legislation: Students are required to have a copy of Te Ture Whenua Māori Act 1993
(Māori Land Act) and Amendments for the course. This may be purchased from
Bennetts Bookshop here at the University.
Students must also know how to access the following regulations on-line
The Māori Land Court Rules, 1994; The Māori Land Court Fee Regulations 1993;
Māori Reservation Regulations 1994; Māori Incorporations Constitution Regulations
1994; Māori Occupation Orders Regulations 1994; Māori Assembled Owners
Regulations 1995
Course Materials Book: Te Piringa Faculty of Law requires that students purchase the course materials book(s) for this paper. These are available from Waikato Print.
Moodle: Further material may be provided by way of handout, and/or on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party.
Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
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without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
Required Reading
Te Ture Whenua Māori Act 1993 Review Panel Discussion Document March 2013 and subsequent report, 2014 are available on Moodle. It is compulsory reading for the course in 2013.
Recommended Reading:
Te Puni Kōkiri Ko Ngā Tūmanako o Ngā Tāngata Whai Whenua Māori (Aspirations
Report) 2011; New Zealand Law Society Māori Land Update Conference Proceedings
2009; Boast, Erueti, McPhail and Smith, Māori Land Law (2 nd ed) (Butterworths,
Wellington, 2004)
Other:
Māori Custom and Values in New Zealand Law Law Commission Study Paper 9
(Wellington 2001); He Hinatore ki te Ao Māori/ A Glimpse into the Māori World
Ministry of Justice (Wellington 2001); Boast, R Buying the Land, Selling the Land
(VUP, Wellington, 2008); Māori Law Review Tom Bennion (Editor), Wellington, New
Zealand, 1994; Williams D, Te Kooti Tango Whenua (Huia Publishers, Wellington,
1999); Royal Commission on Māori Land Courts The Māori Land Courts: Report of the
Royal Commission of Inquiry 1980 (Wellington: Government Printers, 1980).
7.
8.
Online support
Online support for this paper is provided via Moodle.
Assessment a) Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law Undergraduate Handbook which is available from http://www.waikato.ac.nz/law/undergraduate . See page 66 of the Handbook and paragraph 12 below re plagiarism and referencing guidelines.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/ b) Coursework: Final Examination Ratio:1:0
Due Date Assessment
Component
Class Participation
(Attendance and
Presentations)
Essay
Percentage of final mark
15%
Test (Open Book)
To be submitted electronically by
Monday 15 September 12.00 noon
Friday 10 October 12-2pm
35%
50%
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Class Participation (Attendance, Site Visit and Presentations) (Total 15%)
Attendance at classes (5%).
Students must be present for at least 34 hours of a total of 40 hour-long classes in order to gain the 5% allocated specifically for attendance at scheduled classes. Most classes are comprised of two hours, so if a student attends for the first hour but not the second hour of a class, the student has attended for one hour.
Attendance at Site Visit to Māori Land Court and Reflection (5%)
We will visit the Māori Land Court on the date set out in the lecture schedule. Students must sit in and present a report on the site visit in order to gain the 5% allocated for the site visit.
This exercise provides an opportunity for students to gain practical insights into topics covered in the course.
Presentations (5%)
In addition, students will be required to make a presentation to the class on an assigned topic, worth 5%. Further details in relation to presentations will be discussed during the first week of classes. Presentations allow students to learn topics and materials effectively in small groups.
Essay (35%)
The essay is to be submitted electronically and is due at 3pm, xxx and the maximum word limit is three thousand (3000) words. The essay provides students with the opportunity to demonstrate their knowledge of core topics relating to Māori Land Law.
Test (50%)
Students will sit a two-hour test during class time on topics that will have been covered in classes. The test will be supervised as if it is an examination. The test will be open book.
The test will be held from 12 noon to 2pm on Friday September 2014, in AG.12. The test will provide an opportunity for students to demonstrate their knowledge and understanding of the core topics of the course. d) Handing in, marking time and collection
All assignments must be submitted electronically through Moodle ( http://elearn.waikato.ac.nz
).
See Te Piringa Faculty of Law Undergraduate Handbook, available at http://www.waikato.ac.nz/law/undergraduate . It is the policy of Te Piringa Faculty of Law to return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.
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e) Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of understanding and knowledge gained. Achievement in assignments will be measured also in terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks. f) Management of assessment deadlines, process for requesting extensions and special consideration, and for appeals
(i) Extensions
Students are required to complete and submit all internal assessments by specified dates. The meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the due date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/ ). Failure to comply with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a week may result in the work not being marked. No deadlines may be extended beyond two weeks after the last teaching day of the semester(s) in which the paper is taught as final grades must go to the Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may refuse to accept a piece of work which is submitted after the specified date, and automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to the Chief Examiner or nominee. Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal assessment before the interrvening event occurred. It will be important to consider if the grant of the extension will give the student in question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the nominated Administrative Assistant will advise the student of the decision by email. Following this, the extension form will be given to the relevant lecturer who will retain it until after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
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application for extension is declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration. ii) Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2014 list in detail the university-wide policies and procedures, which apply concerning missed examinations, impaired performance or impaired preparation time for an examination, and missed or impaired course work. Students are responsible for ensuring that they comply with these regulations. Application forms for special consideration for internal assessment are available from law reception. iii) Appeals (University Calendar 2014, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal test or exams.
v) If you wish to submit your Internal Assessment in Mãori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Mãori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Mãori for Assessment in the University Calendar)
9. University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10. Links to other papers
Pre-requisite: Land Law LAWS307
Other links: The Treaty of Waitangi in Contemporary Aotearoa/New Zealand LAWS405;
Ngā Tikanga Māori LAWS413; Indigenous Peoples Rights LAWS414.
11. Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html
.
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12. Referencing guidelines and caution against plagiarism
(a) Referencing must be in accordance with the New Zealand Law Style Guide (2 nd Ed)
Thomson Reuters 2011.
(b) All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the copying or paraphrasing of another person’s work in an assessment item without acknowledging it as the other person’s work through full and accurate referencing; it applies to assessment presented through a written, spoken, electronic, broadcasting, visual, performance or other medium.” See section 3, Assessment Regulations (2014
Calendar)
(c) The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/ .
13. Health and safety
The Law School’s Health and Safety representative is to be advised, but if there is a problem, please report the incident to the Law Reception - Room Law G.44 or call ext 4167.
14. Class representation
See p.43 Te Piringa Faculty of Law Undergraduate Handbook available from http://www.waikato.ac.nz/law/undergraduate/ . Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Jeanie Richards, Student Services, ext.
8221, email: student.reps@waikato.ac.nz
.
15. Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2014. See also the document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture
Monday 14 July
(B Semester begins)
Programme of lecture topics
Whakawhanaungatanga and Introductions
Te Ao Māori; Māori Land Tenure; Te Tiriti o Waitangi
Friday 18 July
Kīngitanga and Waikato-Raupatu
Assign Focus Questions
Focus Questions: Tikanga Māori, Doctrine of Aboriginal Title; Treaty
Monday 21 July
Friday 25 July
Monday 28 July
Friday 1 August
Monday 4 August of Waitangi Claims settlement processes and historical accounts
Assign Class Presentation Topics
Searching Māori Land Court Records and Resources
UNDRIP Symposium
Legislative history, Overview, Presentations
Legislative history, Overview, Presentations
Introduction to Te Ture Whenua Māori Act 1993
Kaupapa: Preamble, sections 2 and 17
Friday 8 August General Jurisdiction of the Māori Land Court;
Ngāti Apa decision - Foreshore and Seabed
Monday 11 August Governance management and utilisation of Māori Land
Hand out essay assignment
Friday 15 August Governance management and utilisation of Māori Land
Trusts
Monday 18 August Governance management and utilisation of Māori Land
Friday 22 August
Incorporations
Status; Partitions; Dwellings on Māori Land
25 August Teaching Recess
1 September August Teaching Recess
Monday 8 September Retention/Alienation
Friday 12 September Administration of Estates: Introduction to the law of wills, intestacy, and succession in traditional Māori society
Monday
September
15 Succession continued; Ohāki; Whāngai
Essay Due In
Friday 19 September The Māori Land Court; Section 30 Representation issues;
Litigation in the Māori Land Court
Monday
September
22 Site Visit Maori Land Court (and/or 23 September) Attendance is
required as well as a reflection report in order to gain the full 5% allocated for this piece of assessment). The site visit should take 1-2 hours of your time.
Friday 26 September Reflections on Site Visit
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Monday
September
Friday 3 October
Monday 6 October
Friday 10 October
29
13 October
20 October
27 October (Labour
Day)
The Future of Māori Land Law
Review of Te Ture Whenua Māori and proposed reforms
Review of Te Ture Whenua Māori and proposed reforms
Revision for Test
Test
Study Week
Examinations
Examinations
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