LAWS430­16A (HAM)
Water Law
10 Points
FACULTY OF LAW
TE PIRINGA
STAFF CONTACT DETAILS
CONVENORS
Linda Te Aho
Phone ext: 8811
Room: LAW.G.14
Office Hours: To be advised
Email: [email protected]
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10 Points
PAPER DESCRIPTION
This paper is designed for students who wish to function skilfully in the field of environmental and resources law.
PAPER STRUCTURE
This is an A semester half­paper. The formal teaching component comprises one two–hour lecture per week. There are no tutorials.
TIMETABLE
Attendance is required for satisfactory completion of the paper.
LECTURES
Name
Time
Room
Lecture 1
Mon, 3:00 PM ­ 5:00 PM
LAW.G.03
LEARNING OUTCOMES
Students who successfully complete the course should be able to:
Understand traditional Māori concepts of regulation and control of water
Critically engage with competing ideas about the nature of rights and responsibilities in relation to water
Understand legislative and policy frameworks in relation to water
Understand Treaty of Waitangi settlement processes in relation to water
ASSESSMENT
INTERNALLY ASSESSED COMPONENTS
The internal assessment/exam ratio (as stated in the University Calendar) is 1:0. There is no final exam.
Component Description
Due Date
Time
Percentage
of internal
mark
1. Class participation
5
2. Presentations
15
3. Essay
Internal Assessment Total:
1 Jul 2016
12:00 PM
Submission Method
Presentation: In
✔
Class
Online: Submit
80
100
Compulsory
✔
through Moodle
Failing to complete a compulsory assessment component of a paper will result in an IC grade
CLASS PARTICIPATION
Students must attend 80% of the lectures and participate class discussions to achieve the allocation of marks for class
participation. 80% attendance means that out of the 24 teaching hours in the course students must attend at least 19 hours.
PRESENTATIONS
Student will each deliver a presentation on a topic that will be allocated in the first class. There will be discussion in class about what is
expected in this oral presentation. The primary aim of the oral presentation assessment is to develop the students’ ability to understand
and summarise a case or Waitangi Tribunal report concerning water in an accessible, engaging and informative manner.
ESSAY
Students may choose an assigned essay topic or choose a research topic of particular interest to them, subject to the agreement of
the convenor. The research paper should be between 4,000 and 5,000 words in length. Bibliographies are required, but are not included
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in the word count. Students will receive on­going feedback in the process of producing their final paper.
HOW ACHIEVEMENT WILL BE MEASURED
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course work are set out in the Te Piringa
F a c u l t y o f L a w U n d e r g r a d u a t e H a n d b o o k @ p . 3 5 w h i c h i s a v a i l a b l e f r o m http://www.waikato.ac.nz/law/undergraduate
(http://www.waikato.ac.nz/law/undergraduate).
Assignment resources are available online at http://www.waikato.ac.nz/law/student/ (http://www.waikato.ac.nz/law/student/)
Achievement in examinations and tests will be measured primarily in terms of levels of understanding and knowledge gained.
Achievement in assignments will be measured also in terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
ASSIGNMENT SUBMISSION AND COLLECTION PROCEDURE
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz (http://elearn.waikato.ac.nz/)). See Te
P i r i n g a F a c u l t y o f L a w U n d e r g r a d u a t e H a n d b o o k , a v a i l a b l e a thttp://www.waikato.ac.nz/law/undergraduate
(http://www.waikato.ac.nz/law/undergraduate). It is the policy of Te Piringa Faculty of Law to return marked work to students within five
weeks of submission. Unless a specified time is set down for the submission of an assignment, the time for submission of an
assignment is 12pm (noon) on the due date.
PROCESS FOR REQUESTING EXTENSIONS, SPECIAL CONSIDERATION AND FOR APPEALING MARKS
Extensions
Students are required to complete and submit all internal assessments by specified dates. The meeting of deadlines is a mark of
professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the
due date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines
for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate
Programmes Manual available from the School of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/
(http://www.waikato.ac.nz/law/undergraduate/)). Failure to comply with requirements as to the time deadlines for internal assessment
without having successfully applied either for an extension or special consideration with supporting evidence before the due date will
result in deduction of 2.5 marks for each day or part thereof the work is late. Lateness of more than a week may result in the work not
being marked. No deadlines may be extended beyond two weeks after the last teaching day of the semester(s) in which the paper is
taught as final grades must go to the Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may
refuse to accept a piece of work which is submitted after the specified date, and automatically award it no mark, or may lower the mark
as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to the Chief Examiner or nominee.
Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or
circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the intervening event occurred. It will be important to consider if the grant of the extension will give the student in
question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are
exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the nominated Administrative Assistant will
advise the student of the decision by email. Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an
extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore
the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s application for extension is
declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process for handling concerns and
complaints and is available from Faculty and School Offices, The Gateway and Student Services Division and is contained in the
Calendar 2015. See also the document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
TOPICS
Introduction to the course
Māori Perspectives and Water
Legal landscapes – Early cases and statutes
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10 Points
Treaty of Waitangi claims and Waitangi Tribunal Reports
Sustainable Management of Freshwater Resources ­ Resource Management Act 1991 (RMA)
RMA (continued)
Standards, policy, statements and plans
Water conservation orders
RMA (continued)
Resource consents
Future directions in law and policy ­ Freshwater settlements
Future directions in law and policy ­ Land and Water Forum
Future directions in law and policy ­ Property rights and interests
SCHEDULE
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10 Points
Week
Paper
1
University
9
Week
Beginning
Mon 29 Feb
Topics
Additional Information
Introduction to the course
Māori Perspectives and Water
2
10
Mon 7 Mar
Legal landscapes – Early cases
Preparation for presentations
and statutes
3
11
Mon 14 Mar
Legal landscapes – Early cases
Presentations and statutes
4
12
Mon 21 Mar
Legal landscapes – Early cases
Presentations and statutes
5
13
Mon 28 Mar
Easter Monday Holiday ­ no class this
week. 6
14
Mon 4 Apr
Treaty of Waitangi claims and
Waitangi Tribunal Reports
Sustainable Management of
Freshwater Resources ­ Resource
Management Act 1991 (RMA)
7
15
Mon 11 Apr
RMA (continued)
Standards, policy, statements and plans
Water conservation orders
8
16
Mon 18 Apr
Teaching Recess Week
9
17
Mon 25 Apr
Teaching Recess Week
10
18
Mon 2 May
RMA (continued)
11
19
Mon 9 May
Future directions in law and policy
Resource consents
­ Freshwater settlements
12
20
Mon 16 May
Future directions in law and policy
­ Freshwater settlements
13
21
Mon 23 May
Future directions in law and policy
­ Land and Water Forum
14
22
Mon 30 May
Future directions in law and policy
­ Property rights and interests
15
23
Mon 6 Jun
Future directions in law and policy
­ Property rights and interests
16
24
Mon 13 Jun
Study Week
17
25
Mon 20 Jun
Exam Week
18
26
Mon 27 Jun
Exam Week
Schedule can be subject to change.
REQUIRED AND RECOMMENDED READINGS
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REQUIRED READINGS
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide,
Thomson Reuters (2009). This is available from Bennetts, at an approximate price of $18.90.
Te Piringa requires that students purchase the course materials book(s) for this paper. These are available from Waikato Print.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning
system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary
licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use
(access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the
paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or
provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re­disseminated in any manner or form without the prior written consent of University
of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
ONLINE SUPPORT
Online support for this paper is provided via Moodle.
WORKLOAD
Students should expect to spend 100 hours in total on this paper. In addition to lecture attendance, significant time will need to be
spent on background and complementary reading. Students should allow for periods of more­focused research time in the preparation
of assignments and presentations.
LINKAGES TO OTHER PAPERS
Environmental Law, Treaty of Waitangi, Māori Land Law
PAPER APPRAISAL
No recent appraisals have been undertaken. It has been a number of years since this course has run.
REFERENCE TO UNIVERSITY REGULATIONS
Your attention is drawn to the following regulations and policies, which are published in the University Calendar:
Assessment Regulations 2014 (http://calendar.waikato.ac.nz/assessment/assessment.html)
Change of Enrolment Regulations 2012 (http://calendar.waikato.ac.nz/admission/changeofenrolment.html)
Computer Systems Regulations 2005 (http://calendar.waikato.ac.nz/policies/computersystems.html)
Policy on the Use of Māori for Assessment (http://calendar.waikato.ac.nz/assessment/useofmaori.html)
Ethical Conduct in Human Research and Related Activities Regulations 2008
(http://calendar.waikato.ac.nz/assessment/ethicalConduct.html)
Student Research Regulations 2008 (http://calendar.waikato.ac.nz/assessment/studentresearch.html)
REFERENCING GUIDELINES AND CAUTION AGAINST PLAGIARISM
Plagiarism means presenting as one’s own work the work of another, and includes the copying or paraphrasing of another person’s
work in an assessment item without acknowledging it as the other person’s work through full and accurate referencing; it applies to
assessment (as defined in the Assessment Regulations presented through a written, spoken, electronic, broadcasting, visual,
performance or other medium. The Student Discipline Regulations are found in the online Calendar and further information at the
S t u d e n t D i s c i p l i n e W e b s i t e . T h e Library (http://www.waikato.ac.nz/library/) a n d S t u d e n t L e a r n i n g
(http://www.waikato.ac.nz/students/student­learning/) are valuable resources to assist you with your studies at the University.
HEALTH AND SAFETY
In the event of the continuous sounding of sirens or ringing of alarms, all occupants of the building must evacuate in an orderly and
timely manner by the nearest exit to an area away from the building and clear of the roadway. They should not attempt to carry
cumbersome equipment and personal belongings. The building cannot be re­entered until the all clear is signalled by the Fire Service or
Building Warden. Lifts must not be used during an evacuation.
Sitting at your computer for long periods has the potential to impact on your physical wellbeing. Careful attention should be paid to
seating and the height of your desk so that your feet are able to sit flat on the floor and your elbows, hips and knees are at right angles.
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It is suggested that regular breaks are taken and activities are alternated to avoid staying in one position for too long.
If you hear a siren from the emergency blue boxes placed around campus, listen and follow the instructions carefully.
CLASS REPRESENTATION
The University’s Class Rep Administrator can be contacted on 837 9312 or email address: [email protected]. Further
information can be found at the Class Rep Website (https://sites.google.com/a/waikato.ac.nz/class­reps/).
COMPLAINTS PROCEDURES
The Student Complaints Procedures Website (http://calendar.waikato.ac.nz/policies/studentcomplaints.html) provides details of the
University’s process for handling concerns and complaints.
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