LAW 301A/B : Land Law

Law

2023 Semester One (1233) / Semester Two (1235) (20 POINTS)

Course Prescription

A study of the history and principles of land law including: estates and interests in land, the effect of registration and indefeasibility of title, leasehold estates, easements and profits, mortgages, and concurrent interests in land, and covenants affecting freehold land.

Course Overview

The first semester focuses on land law in New Zealand at the system level, starting with lectures on the Land Transfer (“Torrens”) system, before contrasting that with the Māori customary property system that existed and continues to exist in Aotearoa New Zealand, and finally exploring historical and contemporary conflicts, tensions and compromises between them. The topics develop as follows. We consider the nature of real property and the concept of an interest or estate in land. We explore fundamental principles of New Zealand land law, including: the doctrine of tenure; legal and equitable interests in land; and priorities between interests. We examine the concept of “title” to land and the Land Transfer system of registration of title to land, with a detailed discussion of the principle of indefeasibility and its exceptions, including land transfer fraud, the Registrar’s power to correct, overriding statutes, in personam claims and manifest injustice. We consider the compensation provisions and the role of caveats. We further consider the extent of a landowner’s rights in their land, with a focus on rights to airspace, subsoil and minerals, water, and fixtures and chattels. We then introduce Māori land tenure. We explore how Māori lost land by purchases, confiscations and the operation of the Native Land Court, which enables us to introduce Te Ture Whenua Maori Act 1993 with its dual objectives of retention and utilisation of Māori land. We consider how the Land Transfer System and Te Ture Whenua Maori Act 1993 interface. We consider the extent to which there remains customary title in Aotearoa New Zealand, focusing on the foreshore and seabed, riverbeds and lake beds. Finally, we consider what happens when a property boundary follows the water and water levels change.

The second semester examines particular interests that one may hold in the land of another (including mortgages, easements and covenants affecting freehold land) and leasehold estates. We then consider the various ways in which two or more people may hold concurrent interests in the same parcel of land, before discussing methods of owning flats, offices and townhouses, including stratum estates, company leases, cross leases and unit titles.

Course Requirements

Prerequisite: LAW 201, 211, 231, 241 To complete this course students must enrol in LAW 301 A and B

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Explain the basic legal principles of key areas of land law (Capability 1.1, 1.2, 1.3 and 6.1)
  2. Apply basic principles of land law to typical and hypothetical land law problems (Capability 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 4.1 and 5.1)
  3. Critically examine land law in the social context in which it operates (Capability 1.1, 2.1, 2.2, 2.3, 4.1, 6.1, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Final Exam 70% Individual Examination
Essay 15% Individual Coursework
Post-Tutorial Quizzes 10% Individual Coursework
Pre-Tutorial Activities 5% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3
Final Exam
Essay
Post-Tutorial Quizzes
Pre-Tutorial Activities

Workload Expectations

This is a standard 20-point course (Law 301A and 301B). There will be around 48 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 200 hours.

Delivery Mode

Campus Experience

On Campus Delivery:

• This course includes live lectures (recorded) and other live learning activities including small group workshop discussions  (not recorded).

• You may also be required to attend coursework assessments on campus scheduled throughout the semester.

• You must be available to attend the final examination, which will be in person and invigilated.


For semester one, 2023 ONLY this course will be available online for students who have prior approval from Campus Care.

From semester two, 2023 online delivery will no longer be offered. ALL students must be available from semester two, 2023, to attend classes and all relevant assessments in person on campus.

ALL students must attend the final examination, which will be in person and invigilated.

From 2023, the course will include a workshops programme across both semesters. In some rounds, workshops will be taken by lecturers. In other rounds, workshops will be taken by tutors.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

The main resources for Land Law are found on the Canvas page. A casebook and electronic reading materials can be found on Canvas. 

The following legislation is required. A compilation of the relevant statutes will be available for purchase at Ubiq:
  •  Land Transfer Act 2017 
  • Sch 5 to the Land Transfer Regulations 2018 
  • Property Law Act 2007 
  • Unit Titles Act 2010 
There is no prescribed text for the course. We recommend Toomey (ed) New Zealand Land Law (3rd ed, 2017). More information about course resources, including other helpful texts, will be given in class and on Canvas.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

The Land Law course consistently scores above the Faculty and University SET course averages. 

In the SET evaluations for 2020, over 90% of students strongly agreed or agreed with the statement "Overall, I was satisfied with the quality of this course." 

Students were not evaluated by SET in 2021 due to COVID-19.

In the SET evaluations for 2022, about 92.5% of students strongly agreed or agreed with the statement "Overall, I was satisfied with the quality of this course."

Other Information

In 2023, the teaching team is Professor David Grinlinton, Katherine Sanders and Jayden Houghton.

Jayden Houghton is the course director in semester one and Professor David Grinlinton is the course director in semester two.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 28/10/2022 10:42 a.m.