LAWPUBL 441 : Nga Tikanga Māori

Law

2021 Semester One (1213) (15 POINTS)

Course Prescription

A study of Māori customary law. Topics that may be covered include: the content of Customary Law as it relates to Māori social and political organisation and land tenure; Customary Law’s interaction with the general (e.g., through statute or the common law); Customary Law and legal pluralism and culture theory; and the role of Customary Law in contemporary Crown-iwi relations.

Course Overview

Karanga mai, karanga mai,

Tēnei te reo pōhiri kia koutou e ngākau nui ana ki ngā tikanga Māori. He karaehe tēnei hei wānanga, hei noho tahi ki te kōrero, ki te ata rangahau ki ngā tikanga Māori me ngā kēhi kua tino tohe i ēnei tikanga. Noreira nau mai, haere mai. 

This paper will examine tikanga Māori and its place both historically and in today’s legal society. This course is structed into three modules.  

In the first module, we will discuss theories of law and customs. Topic may include:
  • Rights based on custom and culture,
  • Legal pluralism,
  • Cultural theory.
In the second module, we will focus on tikanga Maori. This will be done by looking at the following sources:
  • Te Mātāpunenga by Richard Benton, Alex Frame & Paul Meridith,
  • Tikanga Māori by Hirini Moko Mead.
In the third module we will conduct case studies and review areas of interaction between State Law and tikanga Māori. Topics may include tikanga Māori issues in relation to:
  • Māori land/ general land/ Waahi tapu, 
  • Death & Coroners Act,
  • Environment Court/MACA applications,
  • Whāngai v adoption ,
  • Family Court,
  • Times of Crisis- Covid & White Island disaster,
  • Waitangi Tribunal /MACA applications,
  • Peter Ellis case,
  • Court procedure .
This class will take a tikanga based approach to learning, students are encouraged to speak and participate in lessons. Students may also choose to conduct their assessments in English or Te Reo Māori.

Course Requirements

Prerequisite: LAW 211

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. Explain different theories of Law in relation to Customary law (Capability 1.1, 1.3, 2.2, 6.1 and 6.3)
  2. Describe the key elements and principles of tikanga Māori (Capability 1.1, 2.1, 2.2, 3.1, 6.1 and 6.3)
  3. Critically evaluate how the New Zealand Legal system has currently and historically incorporated Tikanga Māori into its Legal system. (Capability 1.1, 1.2, 1.3, 2.1, 3.1, 4.1, 6.1, 6.2 and 6.3)
  4. Help, challenge and influence other students in positive, constructive and collaborative ways. (Capability 3.3, 4.1, 4.2, 4.3, 5.1, 5.2 and 6.2)
  5. Demonstrate effective oral and written communication skills (Capability 1.1, 3.2, 4.1, 4.2 and 5.1)
  6. Demonstrate intellectual curiosity by making sense of developing concepts and topics, distilling themes and formulating probing questions (Capability 1.1, 1.3, 2.1, 2.3, 3.1, 3.3, 4.1, 5.2, 6.1, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Class participation 10% Individual Coursework
Concept review 10% Individual Test
Presentation/Discussion panel 20% Group Coursework
Assignment proposal 10% Individual Coursework
Final Assignment 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Class participation
Concept review
Presentation/Discussion panel
Assignment proposal
Final Assignment
Class Participation 
Students must participate in class discussions and class activities. 

Concept review 
Students will be asked to answer a short question about tikanga Māori. Answers must be no more than 400 words. Students will answer the concept review in Canvas. You will have 48 hours to complete the review. The concept review will be released in week 3. 

Presentation/Discussion panel
Students will be placed in groups in week 2. Each group will be allocated a topic and a presentation time. Each group will need to present their topic or participate in a panel discussion with the remaining students in the class.  Each group will be allocated a 15 minute slot.  Presentations will be conducted every Wednesday from week 4 to week 7. 

Assignment proposal
Students must submit an assignment proposal by the end of week 7. Students must also meet with the lecturer and discuss and approve their assignment proposal before the end of week 8. 

Final Assignment
The final assignment will be based on the assignment proposal agreed to in week 8.  The assignment must be between 2500 and 3000 words. The assignment will be due on Thursday the 3rd of June 2021. 

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

Attendance is required at lectures to complete components of the course. Attendance on campus is not required for the Concept review, Assignment proposal and Final assignment. The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Resources will be available on Canvas. A casebook may be available for download.

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 04/12/2020 02:00 p.m.