LAWPUBL 422 : Contemporary Tiriti/Treaty Issues
Law
2020 Semester One (1203) (15 POINTS)
Course Overview
This course is for students who have an interest in Te Tiriti o Waitangi, the Treaty of Waitangi and Māori rights more generally. The first part of the course sets out the historical context in which te Tiriti and the Treaty were drafted and signed, the meanings and interpretations of the texts and the treatment of te Tiriti and the Treaty within legislation and by the courts. The second part of the course will examine the role of the Waitangi Tribunal and the Crown settlement process. Particular claims to be considered include historical land claims, intellectual property and freshwater. The third part of the course will consider the relationship between tikanga Māori and New Zealand state law, contemporary treaty making in Australia and Canada and constitutional transformation.
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
- Identify the historical context in which te Tiriti and the Treaty arose and the rights that were guaranteed. (Capability 1.1, 2.2 and 6.1)
- Describe the central issues emanating from the texts of te Tiriti and the Treaty. (Capability 1.2, 2.1, 4.1 and 6.3)
- Analyse how New Zealand state law has treated te Tiriti and the Treaty. (Capability 1.3, 2.3, 3.1, 4.1 and 6.2)
- Critique the jurisprudence of the Waitangi Tribunal and the issues arising from the Crown settlement process. (Capability 1.3, 2.3, 3.3, 4.2 and 6.3)
- Conduct independent research on a topical issue and effectively communicate in written and verbal form. (Capability 1.3, 2.3, 3.2, 4.2 and 5.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Essay outline | 5% | Individual Coursework |
| Oral presentation | 10% | Individual Coursework |
| Essay | 40% | Individual Coursework |
| Final Exam | 45% | Individual Examination |
| 4 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||||||
| Essay outline | ||||||||||
| Oral presentation | ||||||||||
| Essay | ||||||||||
| Final Exam | ||||||||||
Learning Resources
It is recommended that you purchase a physical copy of the course book, particuarly as the exam is open book. There is no prescribed text for this course.
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.
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 at 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.
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.
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.