LAWPUBL 422 : Contemporary Tiriti/Treaty Issues
Law
2025 Semester One (1253) (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 and fisheries. 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: | 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 |
Learning Outcomes
- Identify the historical context in which te Tiriti and the Treaty arose and the rights that were guaranteed. (Capability 1.1, 1.2, 3.1, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)
- Describe the central issues emanating from the texts of te Tiriti and the Treaty. (Capability 1.1, 1.2, 3.1, 4.1, 4.2, 5.1, 6.1 and 7.1)
- Analyse how New Zealand state law has treated te Tiriti and the Treaty. (Capability 1.1, 1.2, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)
- Critique the jurisprudence of the Waitangi Tribunal and the issues arising from the Crown settlement process. (Capability 1.1, 1.2, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)
- Conduct independent research on a topical issue and effectively communicate in written form. (Capability 1.1, 1.2, 2.1, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)
- Critically reflect on the development of legal arguments that draw from te Tiriti o Waitangi jurisprudence as well as tikanga Māori. (Capability 1.1, 1.2, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| In class participation | 10% | Individual Coursework |
| Essay | 40% | Individual Coursework |
| Final Exam | 40% | Individual Examination |
| Online discussion | 10% | Individual Coursework |
| 4 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |||||
| In class participation | ||||||||||
| Essay | ||||||||||
| Final Exam | ||||||||||
| Online discussion | ||||||||||
Workload Expectations
This is a standard 15-point course. The guideline for the total workload for this course is 150 hours.
Delivery Mode
Campus Experience
This course prioritises in-person learning as an expression of manaakitanga and the realisation of wānanga in practice. Attendance is expected at scheduled lectures to receive credit for components of the course. 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.
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.
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.