TE PIRINGA FACULTY OF LAW
Reconciliation, Justice and Indigeneity 2014 Outline
1.
Identification of Paper LAWS551 - 14B (HAM)
This paper carries 30 points
2.
Staffing
3.
Description and Structure of Paper
Linda Te Aho
Phone: 8811
(Convenor)
Room: Law G.14
Email: naumai@waikato.ac.nz
By appointment
(a) Description of the paper
This paper focuses on the rights of indigenous peoples and processes intended to reconcile
grievances resulting from breaches of those rights, such as breaches of Te Tiriti o Waitangi. Those
processes include those relating to the Waitangi Tribunal, direct negotiations, and litigation.
Whilst the focus will be on Aotearoa New Zealand, reference will also be made to international
experiences. Students will also learn skills in claim management, claimant liaison, and advocacy.
The paper will encourage participants to further their critical thinking about current New Zealand
processes and how they might be improved.
(b) Structure of the Paper
This is a semester paper.
The teaching component comprises weekly seminars on Wednesdays from 11-1pm in Law AG.12.
4.
Learning outcomes
A student who has completed the course successfully will be able to understand, have knowledge
of, critically analyse and evaluate:
(a) Conceptions of reconciliation and justice generally and from Māori and Indigenous points
of view;
(b) Selected issues related to reconciliation and the rights of indigenous peoples:
a. Rangatiratanga and the rights of indigenous peoples
b. Te Tiriti o Waitangi
c. Waitangi Tribunal
d. Direct Negotiations
e. Post-settlement experiences in Aotearoa New Zealand
f. International experiences
5.
Workload
Students should expect to spend 300 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 and/or presentations.
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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, 2nd 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.
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
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Graduate and Postgraduate Handbook which is available from: www.waikato.ac.nz/law/graduate.
See also paragraph 12 below on referencing guidelines and plagiarism.
An assignment template document including coversheet is available on the Law Student
Homepage www.waikato.ac.nz/law/student/.
b)
c)
Coursework: Final Examination Ratio: 100/0
Assessment Components
Assessment Component Due Date
Class Participation
5%
Research Proposal
22 September
Presentations
29 September
October
Research Paper
21 November
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Percentage of final mark
10%
6 15%
70%
Class participation:
Students must attend 80% of the lectures to achieve the allocation of marks for class
participation. This means that, of the 24 teaching hours in the course students must attend at
least 19 hours.
Research Proposal
The research proposal should be two to three A4 pages in length.
proposal will be provided during class time.
More information about the
Oral Presentation
From the proposal the student will prepare a full research paper. The student will give an oral
presentation of their research paper. There will be discussion in class about what is expected in
this oral presentation. The primary aims of the oral presentation are to:
 develop the students’ ability to summarise a lengthy, specialist written project in an
accessible, engaging and informative manner; and
 assist the student in the completion of the research paper with feedback and comments.
Research Paper
The research paper should be 10,000 words in length. Bibliographies are required, but are not
included in the word count. The research project will allow students to concentrate on a topic of
particular interest to them. Students will receive on-going feedback in the process of producing
the final paper.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz),
and include a coversheet. The coversheet template is provided on the Law Student Homepage
(www.waikato.ac.nz/law/student). See Te Piringa Faculty of Law Graduate and Postgraduate
Handbook, available at www.waikato.ac.nz/law/graduate. Where practical, 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’s
Moodle site (from the participants list within the People block). Alternatively, you can email them
directly at help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in assignments and presentations will be measured in terms of levels of
understanding and knowledge gained, in terms of the originality and the sophistication of analysis
provided, in terms of coherent and logical structure, and in terms of the fluency and accuracy of
expression and referencing.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
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i)
Extensions
Students are required to complete and submit all internal assessment 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 in 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 Graduate Programmes Manual available from the Faculty of Law
Graduate website www.waikato.ac.nz/law/graduate/.) 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 Resource Room, 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 supervening 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 21 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
Resource Room 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 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 the Resource Room.
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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 Director 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.
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
Treaty of Waitangi in Contemporary Aotearoa; Māori Land Law; Māori and Indigenous
Governance; Indigenous Peoples and International Law; Indigenous Peoples’ Rights.
12.
(a)
(b)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide.
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)
Unless approved otherwise by the examiners of the papers concerned, a student must not submit
as assessment material that is substantially the same as material submitted as assessment for a
different paper.
(c)
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The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Graduate and Post-Graduate Handbook and the Te Piringa Faculty of Law
Graduate Programmes Manual, available from www.waikato.ac.nz/law/graduate/.
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
At the commencement of the semester, a class representative will be elected by the students.
This representative is encouraged to communicate regularly with the Convenor. Students in this
paper are encouraged to liaise with their representative to discuss issues of concern. Contact
details for the Student Representation Coordinator, Academic Services Division, are as follows:
Samantha Whittle, Student Services, ext. 6264, CHSSG.25 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 the Resource
Room.
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Lecture Schedule B Semester (Subject to change depending upon availability of guest presenters)
Week Commencing
Programme of lecture topics
14 July (B Semester begins)
Introduction to Course; Overview
Indigeneity and Indigenous Peoples
21 July
The origins of the international indigenous rights
movement; UN Human Rights System
28 July
UN Declaration on the Rights of Indigenous Peoples
(UNDRIP)
4 August
UNDRIP continued
11 August
Domestic Context – Overview; Indigenous identity and
rights in Aotearoa - New Zealand
18 August
Treaty Settlement processes – Waitangi Tribunal – Case
Studies
25 August
Teaching Recess
1 September
Teaching Recess – Note students are encouraged to
attend the Te Hunga Roia Maori Conference from 4-7
September in Tauranga – financial assistance may be
available for registration.
8 September
Treaty Settlement processes – Direct Negotiations – Case
Studies
15 September
Indigenous peoples rights’ to participate in decision
making in respect of natural resources
22 September
Indigenous peoples’ claims to water
Effective Presentations – Research Proposals Due In
29 September
Reconciliation in a ‘post-settlement’ environment
6 October
13 October
20 October
Student Presentations
Student Presentations
Study Week
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Reading List
Cases
Attorney-General v New Zealand Māori Council and FOMA [2008] 1 NZLR 318 (CA).
Attorney-General v Mair [2009] NZCA 625.
Haronga v Waitangi Tribunal [2010] NZCA 201.
Haronga v Waitangi Tribunal [2011] NZSC 53
Milroy v Attorney-General [2005] NZAR 562 (CA).
New Zealand Māori Council v Attorney-General [1987] 1 NZLR 641
New Zealand Maori Council v Attorney-General (CIV-2007-485-95, 4 May 2007, Gendall J)
New Zealand Maori Council v Attorney-General [2008] 1 NZLR 318
Statutes
Treaty of Waitangi Settlement Act 1975
Books
Ballara, A Iwi: The Dynamics of Māori Tribal Organisation From c. 1769 to c. 1945 (Victoria
University Press, Wellington, 1998).
Boast, R and Hill R (eds) Raupatu: The Confiscation of Maori land (VUP, Wellington, 2009)
Durie, M Te Mana, Te Kāwanatanga: The Politics of Māori Self-Determination (Oxford University
Press, Melbourne, 1998).
Hayward, J and Nicola R Wheen (eds) The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o
Waitangi (Bridget William Books, Wellington, 2004).
Hayward, J and Nicola R Wheen (eds) Treaty of Waitangi Settlements (Bridget William Books,
Wellington, 2012)
Joseph, R.A. The Government of Themselves: Indigenous peoples’ Internal Self- determination,
Effective Self-governance and Authentic Representation. A Thesis submitted in fulfillment of the
requirements for the degree of Doctorate of Philosophy at the University of Waikato. (University
of Waikato: 2005).
Mead, H Tikanga Māori: Living by Māori Values (2003).
Orange, C The Treaty of Waitangi (Bridget Williams Books, Wellington, 1995).
Orange, C An Illustrated History of the Treaty of Waitangi (Bridget Williams Books, Wellington,
2004).
Walker, Ranginui Ka Whawhai Tonu Mātou Struggle Without End (Penguin Books, Auckland
2004).
Ward, A An Unsettled History: Treaty Claims in New Zealand Today (Bridget Williams Books,
Wellington, 1999).
Waitangi Tribunal Reports
Waitangi Tribunal Turanga Tangata Turanga Whenua: The Report on the Turanganui a Kiwa
Claim: Wai 814
Waitangi Tribunal Report on the Impact of the Crown's Settlement Policy on the Te Arawa Waka
Wai 1353
Waitangi Tribunal The Tamaki Makaurau Settlement Process Report: Wai 1362
Waitangi Tribunal Te Arawa Mandate Report: Te Wahanga Tuarua: Wai 1150
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Waitangi Tribunal Te Arawa Mandate Report: Wai 1150
Waitangi Tribunal Tauranga Moana, 1886–2006; and Te Raupatu o Tauranga Moana and Report
on the Tauranga Confiscation Claims: Wai 215
Periodicals
Coxhead, C “Where are the negotiations in the direct negotiation of Treaty settlements” (2002)
WLR 13.
Melvin, G “The Claims Process of the Waitangi Tribunal: Information for Claimants (Waitangi
Tribunal, Wellington, 2000).
Mikaere, A Settlement of Treaty Claims: Full and Final, or Fatally Flawed? New Zealand
Universities Law Review (1997) 17 NZULR 425.
Milroy, S The Māori Fishing Settlement and the Loss of Rangatiratanga [2000] 8 WLR 63.
New Zealand Law Society “What is the Job of the Waitangi Tribunal (And Other Questions…)"
(NZLS Conference, 17-18 November 2005).
Te Aho, L The Contemporary Issues in Māori Law and Society series: ‘The Tangled Web of Treaty
Settlements, Emissions Trading, Central North Island Forests, and the Waikato River” (2008) WLR
229; Crown Forests, Climate Change, and Consultation Towards More Meaningful Relationships”
(2007) WLR 138; Mana Motuhake, Mana Whenua”(2006) WLR 102.
Williams, J “Truth, Reconciliation and the Clash of Cultures in the Waitangi Tribunal (ANZLH EJournal, 2005).
Other publications
Crown Forestry Rental Trust Māori Experiences of the Direct Negotiation Process (Crown Forestry
Rental Trust, Wellington, 2003).
Human Rights Commission Race Relations Report: Te Tiriti o Waitangi (Human Rights
Commission, 2009).
Law Commission Treaty of Waitangi Claims: Addressing the Post-Settlement Phase (Law
Commission, Wellington, 2002).
Office of Treaty Settlements Ka tika ā muri, ka tika ā mua: Healing the past, building a future
(Office of Treaty Settlements, Wellington, 2004) (the ‘Red Book’).
Office of Treaty Settlements Crown Proposal for the Settlement of Treaty of Waitangi Claims:
Detailed Proposal (Office of Treaty Settlements, Wellington, December 1994).
Office of Treaty Settlements Report of Submissions: Crown Proposals for the Treaty of Waitangi
Claims (Office of Treaty Settlements, Wellington, December 1995).
Te Puni Kōkiri He Tirohanga o Kawa ki te Tiriti o Waitangi: A guide to the Principles of the Treaty
of Waitangi as expressed by the Courts and the Waitangi Tribunal (Te Puni Kōkiri, Wellington,
2001).
Waitangi Tribunal The New Approach Revisited: A discussion paper on the Waitangi Tribunal’s
current and developing practices (Waitangi Tribunal, Wellington, 2005).
Websites
posttreatysettlements.org.nz
www.waitangi-tribunal.govt.nz/
www.ots.govt.nz
www.teara.govt.nz
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