Overview
Introduction to land tenure and property rights in New Zealand. The history of land tenure change in New Zealand from pre-colonial times to the present, including Māori values in land, the Treaty of Waitangi, the Māori Land Court, the Waitangi Tribunal, and land related legislation.
This paper is a core paper for the Bachelor of Surveying (BSurv) and BSc (Land Planning and Development) programmes, however it is open to all students with an interest in this topic. It lays a critical foundation for understanding the legal framework that underpins real property (land) in Aotearoa | New Zealand. SURV 206 offers a comprehensive overview of the historical evolution of land tenure and property rights, with a particular emphasis on Māori land and customary title and on the impacts of colonial powers on Māori relationship with the land, and their ways of life. The course also examines closely some of the Waitangi Te Tiriti Settlements as well as the significance and influence of Māori protests by engaging directly with the voices of Māori activists.
SURV 206 is an introduction of Aotearoa | New Zealand's legal system, land tenure and property right. The history of land tenure changes in Aotearoa | New Zealand from pre-colonial times to the present, including Māori relationship with the land, te Tiriti o Waitangi, the Māori Land Court, the Waitangi Tribunal, and land-related legislation. Māori land protests, history of the cadastre and relationship between Māori and surveyors.
Students will be exposed to different views and will be given the opportunity to ask questions, debate and critically argue their positions. Through this lens, the paper seeks to broaden students’ perspectives and foster a deeper appreciation of the complexities of the debate surrounding Māori land issues today.
About this paper
| Paper title | Land Tenure 1 |
|---|---|
| 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
- 108 points
- Restriction
- SURV 216
- Schedule C
- Science
- Eligibility
- This paper is essential for surveying professionals in order to understand the importance of property rights in New Zealand law and culture and the origin of land conflicts. There is a strong focus on high standards of written communication suitable for the profession.
- Contact
- Teaching staff
Lecturer: Dr Francesca Marzatico
Convenor: Mr Richard Hemi
- Paper Structure
Topics:
- Foundations of Aotearoa Legal System
- Westminster constitutional System
- Local government
- Introduction to land and property law
- Māori relationship with the land
- History of Māori settlements
- First encounters with Europeans
- Musket Wars
- He Whakaputanga o te Rangatiratanga o Nu Tireni/The Declaration of Independence of New Zealand
- Te Tiriti o Waitangi
- Native Land Acts
- Land Transfer Acts
- History of Cadastre
- Property Case Law
- Waitangi Tribunal
- Current land issues
- Te Ture Whenua Māori Act
- Māori Land Today
- Teaching Arrangements
5 lectures per week and one 1-hour tutorial per week (for a detailed lecture schedule please refer to the course plan shared during the first week of the semester)
Guest lectures and class discussions.
- Textbooks
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.
Students are expected to be familiar with the following material:
- Scragg, R. 2016. The Principles of Legal Method. In New Zealand. Thomson Reuters. Chapter 1 and Chapter 2
- Strack M.S. 2004. Style Guide: A reference guide for preparing and presenting written work to the School of Surveying (Available from the School office)
- Graduate Attributes Emphasised
- Lifelong learning, 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:
- To provide critical analysis and written communication.
- To inform students’ understanding and spark curiosity about our legal system.
- To enable students to analyse the elements of case law and law reporting.
- To understand the sovereignty of parliament and the effect of legislation.
- To understand the role of local government and subordinate legislation.
- To introduce legal and land issues of concern to surveyors.
- To promote an appreciation of Māori values and attitudes to land.
- To understand the basis of Aboriginal or Customary Tenure.
- To investigate the meaning, significance, relevance and effects of Te Tiriti o Waitangi.
- To encourage an awareness of Court decisions to do with Te Tiriti and with land.
- To recognise the effects of the native/Māori Land Court on Māori land.
- To examine some issues of tenure reform.
- To acknowledge the implications of our history on land, land disputes and tenure in Aotearoa | New Zealand