LAWHONS 755A/B : Mātauranga Māori and Taonga

Law

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

Course Prescription

A study of Indigenous intellectual property and cultural property. Considers how Māori and the Crown may address the Crown’s breaches of its guarantee in Te Tiriti o Waitangi 1840 to allow Māori to exercise tino rangatiratanga (the unqualified exercise of chieftainship) over mātauranga Māori (the body of knowledge originating from Māori ancestors) and taonga (tangible and intangible treasures).

Course Overview

Tēnā koutou katoa. 

Indigenous peoples' knowledges and cultures are at risk of appropriation and exploitation. In this course, we consider how to protect them domestically and internationally.

How does the law protect pūrākau (myth), waiata (song), pōkeka (rhythmic chant), poi (performance art), haka (posture dance), whakairo (carving), kowhaiwhai (painted ornamentation), tukutuku (lattice work), raranga (weaving) and kākahu (cloak)? 

The existing protections are quite limited. So, the questions become more expansive and complex. What might a new protective regime look like? What are the tikanga Māori, Treaty of Waitangi, legal theory, constitutional law, international law, intellectual property law and real world obstacles in its way? Is it possible for Māori to exercise tino rangatiratanga before constitutional transformation?  Is it even a good idea to introduce a new protective regime at the sub-constitutional level before there is genuine co-governance at the constitutional level? And is it worthwhile to develop a domestic protective regime before the United Nations' draft international protective regime is in force? These are just some of the many questions we will consider in this wide-ranging course that uses the protection of knowledge and culture as a case study to consider the interrelationships and interactions between diverse areas of law.

In the first semester, the course director will lead seminars on these issues. Students will be expected to read in advance of class and actively engage in discussions.

We use Wai 262 as an entry point. The Wai 262 claimants sought recognition from the Waitangi Tribunal that Māori are entitled to exercise tino rangatiratanga (the unqualified exercise of our chieftainship) over Indigenous flora and fauna me o ratou taonga katoa (and all of our treasures). In the Wai 262 report, the Tribunal made findings and recommendations with respect to: taonga works (works that reflect the culture and identity of the work’s traditional owners) and intellectual property; genetic and biological resources of taonga species (species the Wai 262 claimants listed as being of particular significance to them); the Māori relationship with the environment; taonga and the conservation estate; te reo Māori (the Māori language); when the Crown controls mātauranga Māori; rongoā Māori (traditional Māori healing); and the making of international instruments. The Tribunal released its report in 2011 and the Government made a formal public announcement on the report in 2019. Māori, the Government and other stakeholders are currently liaising to develop a strategy to address the issues arising in the claim.

In the second semester, each student will make an approximately 30 minute presentation to the class on the individual research topic on which they are writing their research paper, which will include discussion and feedback. In most weeks, two or three students will give presentations.

In the past few years, Mātauranga Māori and Taonga has been a popular offering as a law elective and received for a SET evaluation a score of 4.94 out of 5.00, which was considerably higher than the 4.29 out of 5.00 average and places it among the most popular at the University. Mātauranga Māori and Taonga is now offered as an LLB(Hons) seminar for the first time.

I look forward to introducing you to the fascinating world of Mātauranga Māori and Taonga in 2023.

Jayden Houghton
Lecturer, Faculty of Law

Course Requirements

Restriction: LAWPUBL 468 To complete this course students must enrol in LAWHONS 755 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

Learning Outcomes

By the end of this course, students will be able to:
  1. Develop and demonstrate expertise on issues relating to the protection of knowledge and culture (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 4.1, 6.1, 6.2 and 6.3)
  2. Critically evaluate a specific issue relating to the protection of knowledge and culture, through research and writing a Honours seminar paper (Capability 1.1, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 6.1, 6.2 and 6.3)
  3. Communicate clearly, coherently and effectively, including to present persuasive arguments and provide constructive feedback (Capability 1.2, 4.1, 4.2 and 4.3)
  4. Develop and demonstrate independent thinking in undertaking individual, self-directed research and writing (Capability 1.1 and 5.2)
  5. Propose and justify policy options to enhance the protection of knowledge and culture (Capability 1.1, 3.1, 3.2, 3.3, 4.1, 4.2, 6.1, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Pre-Reading Review 10% Individual Coursework
Participation 5% Individual Coursework
Presentation 5% Individual Coursework
Proposal 5% Individual Coursework
Research Paper 75% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Pre-Reading Review
Participation
Presentation
Proposal
Research Paper

Pre-Reading Review: At the start of six seminars, students will be given a few minutes to write an answer to a question on the pre-reading for the seminar. The reviews should be straightforward for students who have done the pre-reading and are intended to incentivise coming to class prepared. Each review will be worth 2%. The best five will be taken for a maximum of 10%.

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 seminars to complete the course. Regular attendance in class will be necessary to score a good participation mark.

Seminars will not be available as recordings.

Attendance on campus is required for the presentation.

The activities for the course are scheduled as a standard weekly timetable.

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.

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.

LAWHONS 755 Mātauranga Māori and Taonga is offered as an LLB(Hons) seminar for the first time in 2023.

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 15/12/2022 09:16 a.m.