LAW 301A/B : Land Law

Law

2024 Semester One (1243) / Semester Two (1245) (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

In the first semester, 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 consider leasehold estates, the ways in which two or more people may hold concurrent interests in the same parcel of land, and methods of owning flats, offices, and townhouses, including stratum estates, company leases, cross leases, and unit titles.

In the second semester, we examine particular interests that one may hold in the land of another (including mortgages, easements, and covenants affecting freehold land). We then 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.

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: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Describe and analyse the sources and continuing authority of tikanga Māori in relation to land (Capability 1.1)
  2. Explain the historical and contemporary impacts of colonisation on Māori rights to and relationships with land (Capability 1.1 and 1.2)
  3. Articulate and apply land laws and policies which recognise the unique place of Māori as tangata whenua in Aotearoa New Zealand (Capability 1.1 and 1.2)
  4. Describe the use of property interests to provide for access to and protection of land (Capability 2.1)
  5. Explain the basic legal principles of key areas of land law (Capability 3.1)
  6. Explain and analyse statutory and common law sources of real property rights and interests, and apply them to the acquisition of title to land, interests in land, and dealings with land (Capability 3.2)
  7. Critically examine land law in the social context in which it operates (Capability 4.1 and 4.2)
  8. Apply basic principles of land law to give reasoned advice on common land issues (Capability 5.1)
  9. Discuss ideas about land law coherently, persuasively and respectfully (Capability 6.1)
  10. Exercise independent judgement and make principled decisions in the application of land law (Capability 8.1)

Assessments

Assessment Type Percentage Classification
Pre-Workshop Activities 5% Individual Coursework
Post-Workshop Quizzes 10% Individual Coursework
Essay 15% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7 8 9 10
Pre-Workshop Activities
Post-Workshop Quizzes
Essay
Final Exam
The course assessment revolves around a learning modules programme, which is comprised of five learning modules that students complete throughout the year. Each learning module has four components that students complete in order. First, students complete a pre-workshop activity in which students are guided through a complex legal problem in bite-sized chunks. Secondly, students attend a workshop on the same problem in which the tutor and students discuss potential answers to the problem. Thirdly, students take a post-workshop quiz in which they demonstrate their understanding of key legal concepts arising in or related to the problem. Finally, students gain access to a resource bank of past exam problems and videos in which the lecturers work through the problems step-by-step, which students can watch to prepare for similar problems in their exam.

The final exam will be open book.

Workload Expectations

This is a standard 20-point course. 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

Attendance is expected at scheduled activities including workshops to complete components of the course. Lectures will be available as recordings. Other learning activities including workshops will not be available as recordings. The course may include live online events including review sessions. Attendance on campus is required for the exam. The activities for the course are scheduled as a standard weekly timetable delivery.

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.

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." In the SET evaluations for 2023, the course was once again above the University average.

Other Information

In 2024, the teaching team is Professor David Grinlinton, Katherine Sanders and Jayden Houghton.

Jayden Houghton is the course director for the full year.

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 for potential plagiarism or other forms of academic misconduct, 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 03/11/2023 03:16 p.m.