LAWGENRL 458 : Pasifika Peoples and the Law

Law

2025 Semester Two (1255) (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

Pasifika Peoples and the Law explores the complex socio-legal issues facing Pasifika peoples in Aotearoa New Zealand, offering an interdisciplinary perspective that incorporates law, history, sociology, politics and cultural studies. This course critically examines the historic, systemic and cultural dimensions of the experiences of Pasifika peoples and the intersections of identity, race, colonialism and justice.

Key themes include:

1. Historical and Cultural Contexts: Understanding Pasifika identities in Aotearoa New Zealand within the broader context of settler-colonialism, the relationship of Tangata Whenua and Pasifika peoples and Aotearoa New Zealand’s role in Te Moana Nui a Kiwa;

2. Race, Representation and Resistance: Exploring how race and law intersect through Critical Race Theory, counter-storytelling and intersectionality and analysing media portrayals of Pasifika peoples, the terror of the Dawn Raids and the Polynesian Panthers.

3. Justice and Inequality: Examining justice issues, such as the overrepresentation of Pasifika peoples in the criminal justice system, the use of section 27 cultural reports, the Pasifika Youth Court, and abuses in State Care and Oranga Tamariki.

4. Systemic and Environmental Challenges: Understanding inequities in housing, health, education, and the economy and exploring environmental racism and climate change-induced migration from the Pacific.

5. Migration and Labour: Critically analysing modern labour practices such as the Recognised Seasonal Employer (RSE) scheme, through the lens of exploitation and historical comparisons to blackbirding.

6. Empowerment and Community: Highlighting community resilience, outreach initiatives and the ongoing pursuit of equity in education and broader societal systems.

Note: Specific topics are subject to change.

Course Requirements

Prerequisite: LAW 201, 211, and 298 or 299

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 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Demonstrate an understanding of 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 1.1, 1.2, 2.1, 3.1 and 3.2)
  2. Understand 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 1.1, 1.2, 2.1, 3.1, 3.2, 7.1 and 8.1)
  3. Understand and apply legal theories including, but not limited to, Critical Race Theory (CRT), LatCrit, TWAIL and Decolonial theories/methodologies to the appropriate topics and assessments. (Capability 4.1, 4.2 and 5.1)
  4. Respond creatively to some of the socio-legal issues affecting Pasifika peoples in order to make the law, as it relates to Pasifika peoples, relevant, accessible and engaging. (Capability 3.1, 3.2, 4.1, 4.2, 5.1 and 6.1)

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. 

Exam Mode

This course is assessed through coursework only. There is no final exam for this course

Workload Expectations

This is a standard 15-point course. You will be expected to participate actively in class and in groups/teams. 

The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience or Online

The course will primarily follow a seminar type format where students are encouraged to participate and engage in the discussion. Attendance is expected at scheduled on-campus lectures to receive credit for class participation. Lectures will be available as recordings. 

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.

Study materials will be available at the course commencement and released progressively throughout the course. 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 following resources are highly recommended:

Texts
  • Tangata o le Moana: New Zealand and the People of the Pacific (2012)
  • Justice and Race: Campaigns against racism and abuse in Aotearoa New Zealand (2020)
  • Critical Race Theory: An Introduction (4th ed, 2023) 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
  • 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.

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 classes and assessments for this year have been informed by feedback from students in previous years. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations 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. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

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 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 18/12/2024 01:47 p.m.