LEGAL307-18Y (HAM)

Land Law

30 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
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Convenor(s)

Lecturer(s)

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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Paper Description

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The goal of this paper is to unfold the legal framework of land law in New Zealand.

The course addresses the legal concept of real property as a central element of private law, introducing the principles of law that relate to ownership of land as they operate in New Zealand. It aims to produce an understanding of the historical origins of the rules of common law and equity and the registration of title under the Land Transfer Act before turning to specific issues. It seeks to emphasize the evolutionary nature of legal doctrine, the close relationship between judge-made law and statute, and the application of legal doctrines to distinctively New Zealand situations, notably bicultural situations. It deals with the latter by emphasizing elements of the general land law that are especially important in the bicultural context, and by drawing examples from a diversity of sources. Elements of land law that have rural, coastal or environmental significance are emphasized. Use is made of conveyancing materials in order to make the discussion of concepts more concrete. The course does not, however, teach drafting, conveyancing or the law of contractual relations between vendor and purchaser.


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Paper Structure

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This is a whole-year paper. The teaching component comprises Lectures and Tutorials.

(i) Lectures:

The primary teaching will occur in one two-hour lecture and one one-hour lecture per week. It is scheduled for Monday, 2:00 pm to 4:00 pm, and Wednesday, 11:00 am to 12:00 noon, in the Lecture Theatre L.G.02.

(ii) Tutorials:

Each student will participate in six (6) one-hour tutorials during the year.

There are seven (7) tutorial groups this year. Please refer to the online timetable for any times and places for tutorials. You are required to sign up tutorial groups when they are available.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • understand the principles of law concerning the ownership of land, and will have a good working knowledge of the common law rules and statutory provisions that embody those principles in New Zealand.
    Linked to the following assessments:
  • handle practical problems, identifying the issues and applying those rules and provisions to reach an answer on the relevant law.
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  • discuss general matters of principle and policy in land law. The student will have some understanding of current issues in the area.
    Linked to the following assessments:
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Assessment

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For all Tests, and for the Final Examination, the format and coverage will be advised closer to the time. It is the policy of this Faculty to mark course work within five weeks, at least one week before the examination or final internal assessment, and before the University deadline for finalization of grades.

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 40:60. There is no final exam. The final exam makes up 60% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 40:60 or 0:0, whichever is more favourable for the student. The final exam makes up either 60% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Test 1
8 Jun 2018
5:00 PM
20
  • Other:
2. Test 2
21 Sep 2018
5:00 PM
20
  • Other:
3. Exam
60
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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In addition to the texts identified below, the Faculty requires that students purchase the course materials book for this paper. These are available from Waikato Print.

Textbook: The prescribed text is Hinde et al., Principles of Real Property Law, 2nd Edition, 2014 and/or Elizabeth Toomey, New Zealand Land Law, 3rd Edition, 2017. The law in the latter is discussed as at 10 July 2017, and includes references to the Land Transfer Act 2017.

Statutes:

Land Transfer Act 1952, Land Transfer Act 2017, Property Law Act 2007.

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Recommended Readings

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Recommended and Useful Reading and Materials:

  • Brookers Land Transfer Handbook 2017
  • WESTLAW Online Databases: Land Law
  • LexisNexis Database Adams’ Land Transfer (NZ).
  • Butterworths Conveyancing Bulletin. An important periodical. LexisNexis Database Butterworths Current Law (NZ) Journals.
  • CCH, New Zealand Conveyancing Law and Practice, which incorporates New Zealand Conveyancing, (in the CCH New Zealand Database).
  • 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.

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Online Support

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Online support for this paper is provided via Moodle.

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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Workload

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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. Contact hours for Land are lectures (48), tutorials (6) and final examination (3); totalling 61 hours. Two hours private study for each contact hour is a minimum, for a likely minimum of 200 hours. Treat your study like a professional career! Successful students report that they spend 6-8 hours per week for each paper in private study. Much of that time should, from the earliest stages of the course, be devoted to reading the text, statute and casebook in advance of lectures, and to integrating understanding from reading, from lectures, and tutorials.

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Linkages to Other Papers

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It is assumed that Land Law students are taking Equity at the same time. If not, they should be prepared to put extra effort into understanding principles of equity relevant to Land Law.

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Prerequisite(s)

Prerequisite papers: (LEGAL204 or LAWS204) and (LEGAL207 or LAWS207)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS307

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