LAWPUBL 422 - Contemporary Tiriti/Treaty Issues

Credit points: 15 points
Offered: Second Semester
Contact hours: Lectures - 3 hours per week
Course Coordinators: Tracey Whare
Prerequisites: LAW 211
Restriction: LAW 421

Course description

An examination of Te Tiriti o Waitangi/the Treaty of Waitangi, including the historical context, its meanings and interpretations, tikanga Māori and New Zealand state law as well as the treatment of te Tiriti/the Treaty in legislation and in the courts.  The course will also consider the role of the Waitangi Tribunal, how it addresses claims and the Treaty settlement process as well as contemporary treaty making in Australia and Canada and constitutional transformation.

Content outline

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/the Treaty was drafted and signed, the meanings and interpretations of the texts, the relationship between tikanga Māori and New Zealand state law and the treatment of te Tiriti/the Treaty within legislation and by the courts. The second part of the course will examine the role of the Waitangi Tribunal and the Treaty settlement process. Particular claims to be considered include historical land claims, intellectual property, freshwater and health. The third part of the course will consider cross-claims and post-settlement challenges, contemporary treaty making in Australia and Canada and constitutional transformation.

Assessment

3000 word essay (40%)

Presentation (10%)

2 hour open book exam (50%)

Open book means that you may, if you wish, bring into the exam and refer to any materials such as casebooks, textbooks and study notes.