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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;• Introduction to the Marine and Coastal Area (Takutai Moana) Act 2011 and early case-law.
On successful completion of this course, students should 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;Further develop skills such as legal analysis and critical reasoning.
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.
LAWS202-LAWS206
Martin Fisher
The assessment is likely to comprise an essay; tutorial assignment; test; tutorial attendance and participation.The assessments will be confirmed within the first week of lectures.
Readings will come from a variety of sources and will be posted on LEARN throughout the course.
Domestic fee $845.00
International fee $4,313.00
* 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.
For further information see Faculty of Law .