LEGAL413-23C (HAM)

Ngā Tikanga Māori/Māori Customary Law

15 Points

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The University of Waikato
Academic Divisions
Division of Arts Law Psychology & Social Sciences
Te Piringa Faculty of Law Office
Te Piringa Faculty of Law

Staff

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Convenor(s)

Ethan Jerome-Leota

Ethan Jerome-Leota
See Moodle
ethan.jerome-leota@waikato.ac.nz

Lecturer(s)

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

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: em.pooley@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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What this paper is about

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Tikanga is the first law of Aotearoa. This paper is designed for students who wish to function skilfully in the field of Indigenous and Māori law and/or deepen their knowledge of Tikanga Māori.This paper will traverse a series of contemporary legal case studies to examine the origin, jurisprudential, philosophical, cultural and legal basis of Ngā Tikanga Māori/Māori Customary Law. It will demonstrate how tikanga has been incorporated into the common law, legislation, and policy over time, and how both tikanga and Pākehā law and values influence each other, and how both have transformed, and continue to transform, as a result.
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How this paper will be taught

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Please note that the lectures for this paper are delivered in a focused period in January and February by Flexi-mode in Trimester C.

Students have the option of attending face-to-face lectures or participating via Zoom.

In addition, all lectures are recorded and uploaded to Moodle.

Lectures will run weekly commencing in the week of January 15 2024.

The first component of the paper through November and December will comprise of assigned readings and focus questions that must be completed in preparation for the lectures.

We will be joined by manuwhiri/guest presenters from time to time, and may need to change the dates that certain topics are covered due to availability.

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Required Readings

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It is strongly recommended that students read all readings on the Reading List prior to the beginning of the course and complete the focus questions assigned.

All law students are required to have access to, for use in all law papers, a copy of Coppard, McLay, Murray & Orpin-Dowell, New Zealand Law Style Guide, 3rd edition (Thomson Reuters, 2018).

He Poutama, New Zealand Law Commission, Pūrongo, Study Paper 24 and Appendices, downlowd at https://www.lawcom.govt.nz/our-projects/tikanga-maori

Recommended Reading: Richard Benton, Alex Frame, Paul Meredith Te Mātāpunenga A Compendium of References to the Concepts and Institutions of Māori Customary Law (2013); 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); Justice Joseph Williams “Lex Aotearoa: An Heroic Attempt to Map the Māori Dimension in Modern New Zealand Law” (2013) 21 Waikato Law Review 1.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Compare key concepts in Tikanga Māori with those in Pākehā law
    Linked to the following assessments:
  • Construct a detailed, well-formulated legal research proposal
    Linked to the following assessments:
  • Demonstrate a high standard of writing skills in the context of a substantial study in an area of particular interest to the student
    Linked to the following assessments:
  • Demonstrate an understanding through description and critical analysis of the role of Tikanga Māori in the New Zealand legal system
    Linked to the following assessments:
  • Identify and critically analyse Tikanga Māori
    Linked to the following assessments:
  • Present research findings in an accessible, engaging and informative manner
    Linked to the following assessments:
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Assessments

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How you will be assessed

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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. Participation
25
  • In Class: In Lecture
  • Online: Submit through Moodle
2. Assigned Readings and Focus Questions
19 Jan 2024
5:00 PM
25
  • Online: Submit through Moodle
3. Site Visit OR Presentation
8 Feb 2024
No set time
20
  • Other:
  • Hand-in: In Lecture
4. Research Essay
18 Feb 2024
5:00 PM
30
  • Online: 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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