LAWS326-24S1 (C) Semester One 2024

Treaty Settlement Negotiations

15 points

Details:
Start Date: Monday, 19 February 2024
End Date: Sunday, 23 June 2024
Withdrawal Dates
Last Day to withdraw from this course:
  • Without financial penalty (full fee refund): Sunday, 3 March 2024
  • Without academic penalty (including no fee refund): Sunday, 12 May 2024

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;
• Introduction to the Marine and Coastal Area (Takutai Moana) Act 2011 and early case-law.

Learning Outcomes

  • 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.
    • 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.

Co-requisites

Timetable 2024

Students must attend one activity from each section.

Lecture A
Activity Day Time Location Weeks
01 Monday 10:00 - 11:00 Beatrice Tinsley 111 (19/2)
Rehua 103 Project Workshop (26/2)
Rehua 529 (4/3-18/3, 22/4-27/5)
19 Feb - 24 Mar
22 Apr - 2 Jun
Lecture B
Activity Day Time Location Weeks
01 Wednesday 11:00 - 12:00 A6 Lecture Theatre
19 Feb - 31 Mar
22 Apr - 2 Jun
Tutorial A
Activity Day Time Location Weeks
01 Wednesday 10:00 - 11:00 John Britten 117 HP Seminar Room (21/2, 6/3-27/3, 24/4-29/5)
John Britten 117 HP Seminar Room (28/2)
19 Feb - 31 Mar
22 Apr - 2 Jun
02 Wednesday 13:00 - 14:00 John Britten 117 HP Seminar Room (21/2, 6/3-27/3, 24/4-29/5)
John Britten 117 HP Seminar Room (28/2)
19 Feb - 31 Mar
22 Apr - 2 Jun

Examinations, Quizzes and Formal Tests

Test A
Activity Day Time Location Weeks
01 Monday 10:00 - 11:00 Rehua 529
25 Mar - 31 Mar

Course Coordinator / Lecturer

Martin Fisher

Assessment

Assessment Due Date Percentage 
In-Class Test 25 Mar 2024 25%
Case Law Analysis 03 May 2024 35%
Treaty Settlement Case Study 31 May 2024 35%
Tutorial Participation 5%


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.

Textbooks / Resources

Readings will come from a variety of sources and will be posted on LEARN throughout the course.

Indicative Fees

Domestic fee $893.00

International fee $4,663.00

* 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 .

All LAWS326 Occurrences

  • LAWS326-24S1 (C) Semester One 2024