LEGAL406-22B (HAM)

Māori Land Law

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

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: em.pooley@waikato.ac.nz

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Paper Description

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An examination of the legal principles applicable to Māori Land; the history of Māori land legislation; present laws and practices; effective utilisation of Māori land; and proposals for the future.

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Paper Structure

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This is a B Trimester paper. FLEXI delivery: The teaching component comprises a blend of online and face to face teaching. Site visits will be organised, and sometimes zoom sessions with guests may take place outside of the scheduled class time of Friday 12-2pm, depending upon availability.

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • 1. Explain customary Māori concepts of land tenure;
    Linked to the following assessments:
  • 2. Describe and critically analyse the history of Māori land legislation;
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  • 3. Describe and critically analyse the history, functions, duties and practical workings of the Māori Land Court;
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  • 4. Describe and apply legal principles relevant to Māori land;
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  • 5. Apply legal principles relating to the effective utilisation of Māori land;
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  • 6. Describe and critically analyse 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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  • 7. Develop skills to enable them to provide effective, practical and feasible advice to whānau, hapū and iwi for the utilisation and management of Māori land in the future.
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  • 8. Describe and critically analyse recent amendments to Te Ture Whenua Māori.
    Linked to the following assessments:
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Assessment

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Class Participation (Attendance and Contributions)
21 Oct 2022
5:00 PM
20
2. Assignment
16 Sep 2022
4:00 PM
33
  • Online: Submit through Moodle
3. Site Visits
14
4. On-line Test
21 Oct 2022
12:00 PM
33
  • Other: On-line submit through moodle
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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All law students are required to have access to, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide, 3rd edition, Thomson Reuters (2018).

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 downloaded or accessed on-line. Students must also have access to the Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill.

Students must also know how to access the following rules and 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 may purchase the course materials book for this paper. These will be available from Waikato Print. A reading list will also be available so that students may access readings on-line.

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Recommended Readings

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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 (2nd ed) (Butterworths, Wellington, 2004).

Waitangi Tribunal He Kura Whenua, Ka Rokohanga, 2016 (Wai 2478)

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).

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 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.

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Workload

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Students should expect to spend 150 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 to prepare for the test and the assignment.

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Linkages to Other Papers

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Other links: The Treaty of Waitangi in Contemporary Aotearoa/New Zealand LEGAL405;

Ngā Tikanga Māori LEGAL413; Indigenous Peoples Rights LEGAL414.

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Prerequisite(s)

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Equivalent(s)

Restriction(s)

Restricted papers: LAWS406

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