TE PIRINGA FACULTY OF LAW
MINING AND PETROLEUM LAW – LAWS.447B – 2014
PAPER OUTLINE
1.
Identification of Paper
Mining and Petroleum Law, LAWS447-14B (HAM). This paper carries 10 points.
1A.
Outline of the Paper
Week Commencing
Programme of lecture topics
14 July
Mining and Petroleum Activity. History.
21 July
The Legislative Framework: the Crown Minerals Act 1991,
Regulations, and Minerals Programmes.
28 July
Acquisition and Maintenance of Rights to Minerals.
4 August
Access to Land. Protected Areas, Conservation Lands.
11 August
Environment, Reclamation, Safety. Fracking and Shale Gas.
Climate Change. Marine Areas.
18 August
Maori and Indigenous Issues.
25 August
Teaching Recess
1 September
Teaching Recess
8 September
Private Minerals, Crown Reservation. Royalties.
15 September
Transactions in Minerals and Petroleum. Transfers. Finance.
22 September
Comparative Law. Developed and Developing Countries.
29 September
Continued.
6 October
International Mineral and Petroleum Development.
13 October
General Themes.
20 October
Study Week
27 October
Examinations
3 November
Examinations
1
Assignment due 27 August.
Take-Home Test due 22 October.
2.
Staffing
Lecturer and Course Convenor: Professor Barry Barton, Room Law G. 36, phone extension 4187,
email barton@waikato.ac.nz. Please make an appointment with me after class to make sure that I
am available when you want.
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
The paper inquires into the legal framework of mining and petroleum activity in New Zealand and
internationally.
(b) Structure of the Paper
The course is a ten-point paper for the purposes of degree regulations. It is taught in the second
semester. There are no streams or tutorials. Attendance at lectures is definitely expected. Students
who miss a lecture must make their own arrangements for catch-up.
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers. There is a mark for class participation; see below.
Students are encouraged to bring a laptop or other device to class, but during class it is to be
used for class purposes only.
4.
Learning Outcomes
The specific attributes that successful students will acquire are:
• Awareness of the legal framework for mining and petroleum activity in New Zealand and
internationally;
• Expertise in public and private law analysis relevant to natural resources;
• Improved skills in legal research and writing.
5.
Workload
Students should expect to spend 100 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.
In addition to the texts identified below, the Faculty of Law requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
Required Reading
Crown Minerals Act 1991. Please obtain a copy of the Crown Minerals Act in a form that you can
bring to class.
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Recommended Reading
The following items are on desk copy in the Library:
Southalan, J, Mining Law and Policy: International Perspectives (Federation Press, Annandale,
2012), K3904 .S68 2012.
Otto, J and J Cordes, The regulation of mineral enterprises: a global perspective on economics,
law and policy (Rocky Mountain Mineral Law Foundation, Westminster, Colo, 2002),
K3904.O77.
Yergin, D, The prize: the epic quest for oil, money, and power (Simon & Schuster, New York,
1991), HD9560.6.Y47 1991.
Smith, E, Materials on international petroleum transactions (Rocky Mountain Mineral Law
Foundation, Westminster, Colo, 2000), K3915.M38 2000.
Further material may be provided 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.
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 51) which is
available from http://www.waikato.ac.nz/law/undergraduate. See also page 66 on plagiarism. Also
refer to paragraph 12 of this document.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio
100:0. There is no final examination.
c)
Assessment Components
Component
Percentage of Due date
overall mark
Assignment
25
Noon, Wednesday 27 August 2014 (in the Recess)
Take-Home Test
70
Noon, Wednesday 22 October 2014 (in Study Week)
Class Participation
3
5
Assignment
The Assignment will be based on course work carried out in class up to the due date. The topic or
topics will be provided, in due course, along with directions as to format and expectations.
Maximum length: 1500 words including references. No bibliography. The Assignment is to be
submitted through Moodle.
Take-Home Test
The take-home test will be made available on Moodle at 12:00 noon on Monday 20 October 2014,
and will be completed and submitted by Moodle by 12:00 noon on Wednesday 22 October 2014.
This is the study week after the end of classes and before examinations. Further details about test
format and coverage will be provided closer to the event. Page limits, fonts, margins, referencing
rules, etc will be specified. The test is open-book. The test must be written individually. Students
may not share ideas or text for the test. As this is a test there will be no extensions. If you are
unable to complete the test by the due time and date, you will need to apply for special
consideration.
Class Participation
Students are expected to attend all classes and prepare as directed. Please let me know if you are
unable to come to class, and make your own arrangements for catch-up; we do not teach by email.
During class, please do not use your laptop for non-class-related purposes. The class participation
mark will be reduced if there are shortcomings in meeting these expectations, and will be increased
for valuable contributions.
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.
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
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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 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.)
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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 Research Regulations 2008
Student Discipline Regulations 2008
Ethical Conduct in Human Research and
Computer Systems Regulations 2005
Related Activities Regulations 2008.
Policy on the Use of Māori for Assessment
10.
Links to Other Papers
There are no prerequisites for this paper other than Law 1 and Law 2 papers. The paper will
complement other papers in Law on related subjects, eg Energy Law, Environmental Law, and
Water Law.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
Referencing Guidelines and Caution against Plagiarism
(a) Referencing must be in accordance with the New Zealand Law Style Guide (2nd 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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