LAWS326-18S1 (C) Semester One 2018

Treaty Settlement Negotiations

15 points

Details:
Start Date: Monday, 19 February 2018
End Date: Sunday, 24 June 2018
Withdrawal Dates
Last Day to withdraw from this course:
  • Without financial penalty (full fee refund): Friday, 2 March 2018
  • Without academic penalty (including no fee refund): Friday, 18 May 2018

Description

An examination of the New Zealand Treaty of Waitangi claims settlement process. This course provides an introduction to the wider context of Treaty settlements including legislation, policy and specific negotiations.

This course provides an introduction to the wider context of the Treaty of Waitangi settlement process including legislation, policy and specific negotiations.  It aims to familiarise students with the historical background of settlements, the key institutions and players relevant to the process, legal developments, and case-studies of important negotiations.

The intended scope of lectures, time permitting, is as follows:
•  overview of historical Commissions of Inquiry and the Maori Trust Board based settlements of the 1940s;
•  background to the Treaty settlement process including the role of the Maori Renaissance, the privatisation policies of the Fourth Labour government, legal developments in the 1980s, and the Waitangi Tribunal and Crown Forestry Rental Trust;
•  discussion of the key players in the process such as claimants and their legal and financial advisors, the Office of Treaty Settlements, the Crown Law Office, Treasury and the Department of Conservation;
•  analysis of specific case studies: the 1992 fisheries settlement, the 1995 Waikato-Tainui settlement, the 1998 Ngai Tahu settlement, the 2010 Waikato-Tainui River settlement, the 2014 Tuhoe and Whanganui River settlements.

Learning Outcomes

  • Upon successful completion of this course students will be able to:
  •  Carry out independent research with regards to the Treaty of Waitangi claims settlement process;
  •  Understand, interpret and critique the key elements of the Treaty settlement process;
  •  Identify and explain the role of the key players and institutions in the Treaty settlement process; and
  •  To understand the legal significance of Treaty settlements and to develop critical legal analysis of Treaty settlements jurisprudence.
    • University Graduate Attributes

      This course will provide students with an opportunity to develop the Graduate Attributes specified below:

      Critically competent in a core academic discipline of their award

      Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.

Prerequisites

(i) LAWS101 and (ii) LAWS110. Students enrolled in other degrees, who do not have the above prerequisites and corequisites, but have completed appropriate courses in another discipline, may apply to the Head of Department for a waiver.

Co-requisites

LAWS202-206

Course Coordinator / Lecturer

Martin Fisher

Assessment

Assessment Due Date Percentage 
InClass Test 14 Mar 2018 20%
Commentary 22 May 2018 25%
Essay 01 Jun 2018 45%
Attendance 5%
Participation 5%


The assessment is likely to comprise an essay 45%; tutorial assignment 25%; test 20%; tutorial attendance and participation 10%.

The assessment will be confirmed in the first week of lectures.

Textbooks / Resources

Recommended Reading

Wheen, Nicola and Hayward, Janine; Treaty of Waitangi Settlements ; Bridget Williams Books, Wellington, 2012.

Readings will come from a variety of sources and will be posted on LEARN throughout the course but many of the readings will be taken from the above.

Indicative Fees

Domestic fee $790.00

International fee $3,600.00

* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.

Minimum enrolments

This course will not be offered if fewer than 10 people apply to enrol.

For further information see Faculty of Law .

All LAWS326 Occurrences

  • LAWS326-18S1 (C) Semester One 2018