LAWGENRL 458 : Pasifika Peoples and the Law

Law

2021 Semester Two (1215) (15 POINTS)

Course Prescription

Undeniably, Pasifika peoples in Aotearoa experience a number of inequalities. However, the complex relationships between these inequalities and the law are rarely explored in legal education and scholarship. Therefore, this course aims to give students an understanding of these relationships by encouraging the use of critical perspectives to examine a range of socio-legal issues facing Pasifika communities in Aotearoa today.

Course Overview

Lectures will be taught seminar style, with an emphasis on learning through class discussions. Guest speakers will feature and provide insight into areas of expertise.  Class discussion is an important part of this course and lively debate on the material is encouraged. Teaching resources include articles, short films, music videos, poems, fiction, art and essays. 

The course covers the following topics (subject to change)
1. Who are 'Pasifika Peoples' in Aotearoa? (settler-colonialism and NZ's role in Te Moana nui a kiwa)
2. Ambivalent kinships? Tangata whenua and Pacific peoples
3. Race and the Law (Critical Race Theory, counter-storytelling and Intersectionality)
4. How NZ media "frames" Pacific peoples; past & present 
5. The Terror of the Dawn Raids 
6. Police & Pasifika
7. The Polynesian Panthers: Legal and Political Revolutionaries 
8. Criminal (in)justice system? Over-representation, s 27 and the Pasifika Youth Court 
9. Abuses in State Care & Oranga Tamariki (Guest lecture)
10.Environmental racism and Climate Change and migration from the Pacific 
11. Pasifika Peoples and the State (inequities in housing, health and the economy)
12. Community Outreach (Guest lecture)
13. Issues in education (affirmative action, charter schools, the decile system)
14. Migrant workers and the RSE scheme: Modern day 'Blackbirding'?




Course Requirements

Prerequisite: LAW 201, 211, and 298 or 299

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. Demonstrate an understanding of some of the key socio-legal issues affecting Pasifika peoples in Aotearoa New Zealand today. Demonstrate an ability to approach these topics in an interdisciplinary way, engaging the law with legal theory, sociology, history, politics, popular culture and other relevant disciplines. (Capability 2.1, 3.1 and 6.3)
  2. Identify and critically evaluate how the law, legal systems and/or policy structures uniquely affect Pasifika peoples in Aotearoa New Zealand through a critical lens. (Capability 2.1, 2.2, 2.3 and 6.2)
  3. Understand and apply critical legal theories including, but not limited to, Critical Race Theory (CRT), LatCrit, TWAIL and Decolonial theories/methodologies to the appropriate topics and assessments. (Capability 1.3)
  4. Respond creatively to some of the key socio-legal issues affecting Pasifika peoples order to make the law, as it relates to Pasifika peoples, relevant, accessible and engaging. (Capability 3.1, 3.2, 3.3, 4.1, 5.1 and 5.2)

Assessments

Assessment Type Percentage Classification
Reading response 15% Individual Coursework
Short Research Essay 25% Individual Coursework
Creative Project 50% Individual Coursework
Class participation 10% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Reading response
Short Research Essay
Creative Project
Class participation
Class participation can be earnt through online attendance/engagement. 

Workload Expectations

This is a standard 15-point course. There will be around 36 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 150 hours.

Delivery Mode

Campus Experience or Online

This course is offered in two delivery modes:

Campus Experience

Attendance is expected at scheduled on-campus lectures to receive credit for class participation. Lectures will be available as recordings. The course will include live online events including group discussions in lectures. The activities for the course are scheduled as a standard weekly timetable.

Online

Attendance is expected during scheduled online lectures to receive credit for class participation. Class participation can also be earnt through online engagement.  
The course will include live online events including group discussions in lectures. 
 Study material will be available at course commencement and released progressively throughout the course.
This course runs to the University semester/quarter timetable and all the associated completion dates and deadlines will apply.

Learning Resources

Texts (highly recommended):
- Tangata o le Moana: New Zealand and the People of the Pacific (2012), Sean Mallon, Kolokesa Māhina-Tuai and Damon Salesa
- Justice and Race (2020) Oliver Sutherland 
- Critical Race Theory: An Introduction (2nd edition, 2012) Richard Delgado and Jean Stefancic 
- A Land Of Milk & Honey?  Making Sense Of Aotearoa New Zealand (2017) edited by Avril Bell, Vivienne Elizabeth, Tracey McIntosh and Matt Wynyard.

Moving image (highly recommended): 
The Polynesian Panthers (2010) directed by Dan-Salmon, available at NZ on Screen
Dawn Raids (2005) directed by Damon Fepulea’i, available on NZ on Screen
13th (2016) directed by Ava DuVernay available for free on YouTube 


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.

Digital 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.

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.

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 your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, 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 you may be asked to submit your 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. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 26/11/2020 11:00 a.m.