Faculty of Law Undergraduate Handbook - Faculty of Law - The ...

The course is a shorter version of the Administrative Law course offered in other years (which has also tended to focuson judicial review).Content Outline:This course will address the following:• the theoretical underpinnings of judicial review;• the availability of judicial review and justiciability;• the traditional grounds of review: procedural impropriety, illegality, irrationality;• the development of substantive merits review;• remedies and other procedural matters.Assessment:35% test35% take-home test30% essay on choice of set topics: either 1600 words and based on course materials (counts only towards coursegrade) or 3000 words and based on further research (to qualify as an opinion for LAW400)LAW 444 — Maori Land LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Dr Nin TomasCorequisite: LAW 301 Land LawCourse Description:The main emphasis of this course is to help students develop their understanding of tikanga Maori (Maori custom law)and how Maori principles are currently being used to support legal claims to natural resources in NZ courts. It focuseson the relationship of Maori hapu and iwi as tangata whenua to the natural resources that fall within their respectiveterritories.The course includes an examination of the relationship between tikanga and various statutes including the ResourceManagement Act 1991, the Local Government Act 2003, and statutes affecting rating. It covers the incorporation oftikanga into theMaori Land Act 1993 (Te Ture Whenua Maori Act) and the protections this Act offers to Maori landand landowners today. It also looks at the expandingjurisdiction of the Maori Land Court to include new issues such asmandate andrepresentation resulting from the return of resources to Maori as part of the Treatyclaims settlementprocess .The course is taught in seminar fashion with an emphasis on student participation and modern applications oftikanga. Knowledge of tikanga Maori is not essential.Content Outline:The course begins with traditional Maori concepts and their implementation as jural principles in modern legaldiscourse. It then looks at the incorporation of these principles into law via statute and the different approaches of thegeneral courts and the Maori Land Court when balancing Maori custom law principles and western legal principles.Finally, the course covers the protections offered and the obligations imposed by Te Ture Whenua Maori Act on ownersof Maori land.Assessment:100% on-course assessed (90% take-home test, 10% class participation).48 | 2010 Faculty of Law Handbook