TE PIRINGA FACULTY OF LAW
Māori Land Law Summer School 2015 Outline
1.
Identification of Paper
Paper: LAWS406-15S (HAM)
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 an S semester paper. The first class is on Wednesday 14 January. Classes take place
on Tuesdays, Wednesdays and Thursdays from 10am to 3pm in Law G.02 and Law G.04. This
allows time for reading and preparation for classes. The timetable is set out in the lecture
schedule on page 8.
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers. Attendance is important 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.
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.
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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, 2nd edition, Thomson Reuters (2011). This
is available from Bennetts, at an approximate price of $37 incl GST.
Legislation: Students are required to have access to 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: Students are required to purchase the course materials book
for this paper. These are available from Waikato Print.
Moodle: Further material will 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
without the prior written consent of University of Waikato. To obtain such consent,
please contact the Te Piringa Faculty of Law.
Recommended Reading:
Te Ture Whenua Māori Act 1993 Review Panel Discussion Document March 2013 and
subsequent report, 2014; Te Puni Kōkiri Ko Ngā Tūmanako o Ngā Tāngata Whai
Whenua Māori (Aspirations Report) 2011; New Zealand Law Society Māori Land
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Update Conference Proceedings 2009; Boast, Erueti, McPhail and Smith, Māori Land
Law (2nd 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.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of
course work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.33
which is available from http://www.waikato.ac.nz/law/undergraduate.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio:1:0
Assessment Component
Due Date
Class Participation,
Attendance &Presentations
Test (Open Book)
Essay
Tuesday 10 February 10am-12pm Law
G.04
Thursday 26 February 4pm
Percentage
of final
mark
15%
50%
35%
Class Participation (Attendance, Site Visit and Presentations) (Total 15%)
Participation in classes (5%).
Students must be present and participate for at least 34 hours of a total of 40 hours of
teaching in order to gain the 5% allocated specifically for participation in scheduled classes.
The day will be split into two classes of two hours with a lunch break, so if a student attends
for the first half but not the second half of a class, the student has attended for two hours
and so on.
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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 court observing for at least one hour of the court hearing and present a reflection
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 4pm, 26 February 2015. 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 10am – 12noon on Thursday 10th February. 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.
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.
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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 may 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 intervening 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
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 2015 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
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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 2015, 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 Education Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal tests or exams.
v) If you wish to submit your Internal Assessment in Māori, 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 Māori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Māori 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 2015:
 Assessment Regulations 2005
 Student Discipline Regulations 2014
 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.
12.
(a)
(b)
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Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
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
(c)
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2014 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)
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 Ms Renee Rewi in LAW.G 71 on extension
6727, but if she is not available, please report the incident to the Law Reception - Room Law G.44
or call ext 4167.
14.
Class representation
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 2015. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture Schedule S Semester 2015
Lecture
Programme of lecture topics
Note lecture rooms
vary
Wednesday 14 January Whakawhanaungatanga and Introductions
10am – 3pm
Te Ao Māori; Māori Land Tenure; Te Tiriti o Waitangi
Law G.04
Kīngitanga and Waikato-Raupatu
Assign Class Presentation Topics
Thursday 15 January 10 Doctrine of Aboriginal Title; Treaty of Waitangi Claims settlement
10am – 3pm
processes and historical accounts
Law G.02
Searching Māori Land Court Records and Resources
Tuesday 20 January
Legislative history, Overview, Class Presentations
10am-3pm
Law G.02
Wednesday 21 January Introduction to Te Ture Whenua Māori Act 1993
10am-3pm
Kaupapa: Preamble, sections 2 and 17
Law G.02
General Jurisdiction of the Māori Land Court;
Ngāti Apa decision - Foreshore and Seabed
Thursday 22 January
10am-3pm
Law G.02
Tuesday 27 January
10am – 3pm
Law G.02
Wednesday 28 January
10am-3pm
Law G.02
Governance management and utilisation of Māori Land
Thursday 29 January
Site Visit to Māori Land Court
Tuesday 3 Feb
10am-3pm
Law G.04
Reflections on Site Visit
The Māori Land Court; Section 30 Representation issues;
Litigation in the Māori Land Court
Wednesday 4 Feb
10am-3pm
Law G.04
Tuesday 10 Feb
10am-3pm
Law G.04
Thursday 12 Feb
10am – 3pm
Law G.02
Revision for Test
8
Trusts; Incorporations
Status
Partitions
Dwellings on Māori Land
Retention/Alienation
Administration of Estates: Introduction to the law of wills, intestacy, and
succession in traditional Māori society; Ohāki; Whāngai
TEST
Review of Te Ture Whenua Māori and proposed reforms – Assign Essay
Essay Due: 26 February