Overview
A study of current New Zealand case law, legislation and policies relating to rights in property, boundary law and title to land (both freehold and Māori customary), particularly as they relate to surveyors and planners.
This paper involves a study of current Aotearoa | New Zealand case law, legislation and policies relating to rights in property, boundary law and title to land (including freehold and Māori customary land), particularly as they relate to surveyors and planners.
SURV 306 is a core paper for the BSurv and BSc (Land Planning and Development). It provides exposure to a wide range of land and property law issues, with a strong focus on the analysis of case law arising from real disputes between landholders, boundary issues and property rights. Some of these are the types of disputes often highlighted in "Neighbours from Hell" type programmes and for which professional surveyors regularly are called upon to mediate.
The paper places particular focus on foreshore and seabed rights, Māori customary title, and contemporary tenure arrangements such as those involving Te Urewera, the Whanganui River, and Taranaki Maunga. These case studies provide a powerful framework for understanding how legal recognition of Māori relationships to land and water is evolving in Aotearoa | New Zealand legal system.
In addition, the paper touches on international debates around land rights and human rights, particularly where these global issues intersect with, and influence, the legal and social landscape of Aotearoa.
About this paper
| Paper title | Land Tenure 2 |
|---|---|
| Subject | Surveying |
| EFTS | 0.1334 |
| Points | 18 points |
| Teaching period | Semester 2 (On campus) |
| Domestic Tuition Fees ( NZD ) | $1,355.21 |
| International Tuition Fees | Tuition Fees for international students are elsewhere on this website. |
- Prerequisite
- (SURV 206 or SURV 216) or 216 points
- Restriction
- SURV 316
- Schedule C
- Science
- Eligibility
- SURV 306 expects a high standard of written and oral presentation communication as is expected of a professional surveyor.
- Contact
- Teaching staff
Co-ordinator and Lecturer: Dr Francesca Marzatico
- Paper Structure
Topics:
- Property theory
- Rights to land, water and the sea
- Principles of the land transfer act and indefeasibility
- Remedies in the Property Law Act, rights and restrictions in other legislation
- Effects of other land related legislation
- Legal Personhood of Natural Resources in Aotearoa
- International debate on Land Rights and Human Rights
- Land Rights and Climate Change in Aotearoa
- Teaching Arrangements
Five lectures per week and one 1-hour tutorial per week (for a detailed lectures schedule please refer to the course plan shared during the first week of the semester)
Guest lectures and class discussions.
A wide range of documents from media (including videos and movies), historical cultural and legal sources will be used.
- Textbooks
There is no a specific textbooks for this paper. A complete reading list will be provided at the beginning of the course and a list of additional readings related to specific lectures will be provided with the lecture slides.
- Graduate Attributes Emphasised
- Lifelong learning, Scholarship, Communication, Critical thinking, Cultural understanding, Research, Self-motivation.
View more information about Otago's graduate attributes. - Learning Outcomes
The goals of the paper are to:
- Provide students with an understanding of rights in real property
- Provide students with an understanding of the law relating to lands held under Māori, Crown and Land Transfer legislation
- Provide students with an understanding of the concepts of indefeasibility of title
- Provide students with an understanding of water boundaries and reserves against water boundaries
- Investigate current issues of access to land, rivers and seabed
- Expose students to case law relevant to rights in land
- Introduce the range of legislation affecting rights in land