Bicultural perspectives on Māori legal research

Increasingly, legal research projects undertaken at law school or in practice will involve Māori custom law and/or tikanga Māori.' The role of both Māori custom law and tikanga Māori is most evident in the work of the Māori Land Court in the interpretation and application of legislation relating to Māori land. Increasingly, general statutes incorporate Māori principles and values, such as those to be found in the Resource Management Act 1991, or make explicit reference to the principles of the Treaty of Waitangi. The statutory interpretation function of the Courts in relation to these, and less obvious examples, requires knowledge of tikanga Māori and/or Māori custom law. For any analysis of the work of the Courts or of the legislature, knowledge of tikanga Māori and/or custom law is required. Both Māori custom law and tikanga Māori are preserved by and accessed through the oral tradition. In addition to its role in the Courts and in relation to legislation, the most significant role played by the oral tradition is in the work of the Waitangi Tribunal. The oral tradition also plays an increasingly important part in other areas requiring research. What follows is an introduction to the oral tradition and its role in the legal system of Aotearoa/New Zealand. An understanding of the oral tradition is essential to the construction of a research path that is both ethical and effective

Dismissal protections in a global market: Lessons to be learned from Serco Ltd v Lawson

The rise of labour as a transnational phenomenon is an aspect of globalisation. New Zealand law relating to protection from dismissal without cause (unjustifiable dismissal) is failing employers and employees whose employment agreements have international elements. In New Zealand, protection from dismissal without cause is contained in the Employment Relations Act 2000 (ERA 2000) (NZ). However, the Act is not an ‘overriding statute’. Cases where the facts show the operation of global employment markets are decided according to conflict of laws rules relating to contracts. The operation of these rules can result in employees being inappropriately excluded from New Zealand dismissal protections. The complexity of the rules makes them inappropriate for the resolution of employment relationship problems, to the detriment of both employers and employees

Synergistic literacies: Fostering critical and technological literacies in teaching legal research methods at the University of Waikato

Nowadays, new law courses are not approved unless both the "needs analysis" is convincing and the "consumer demand" is certain. Needs and demands today are driven by new pressures for technological literacy accelerated by globalisation and the current revolution in information and communication technologies (ICTs). The popular logic is that new global "knowledge economies" need "knowledge workers" or "wired workers" to labour in the new e-markets for goods and services and to use the burgeoning number and high quality of electronic information databases now essential to legal research. Students are acutely aware of these developments as well as of the highly competitive nature of the contemporary labour market for law graduates. Consequently, students are demanding more "how to" research skills training. This article puts in context the reasons why, at the University of Waikato, we regard creating synergy between critical and technological literacy as essential for teaching and learning law-in-context research methods, and then describes the curriculum we designed for a legal research methods course in order to trial this approach. From the start we have been clear that the new course was not just to be a "how to" course, and that we would be concentrating on critical literacy as much as technological literacy. For us, critical literacy is fundamental because it relates to the way in which one analyses the world, a process described as "becoming aware of the underlying structure of conceptions".1 This awareness includes the politics in the architectures that constitute the Internet and the assembly of information accessible on it. We designed our curriculum for critical literacy around five types of analysis. Our shorthand for this is to call these "the five 'Cs'". Our five interrelated categories for analysis focus on: Change - in society, economy and culture Concepts - legal and sociological concepts and analytical frameworks Critique (and standpoint or perspective) Comparisons (and Contrasts) Contexts. We argue that, at a minimum, these are the conceptual tools necessary to critique and engage the operation of the law in the context of society, noting especially inequalities and injustices. Throughout the course students are encouraged to harness technological literacy to each dimension of their analysis. This article consists of two main parts. The first part ("Context and Assumptions") explores in some depth the reasons for the need to teach critical literacy alongside technological literacy. The second part ("The Legal Research Methods Course") describes our efforts to promote the synergy between critical and technological literacies in the context of a fourth year optional course, Legal Research Methods 2000, at the University of Waikato School of Law

Problem based learning and New Zealand legal education

The literature (and e-literature) on Problem Based Learning in Law suggests that this approach has been adopted with enthusiasm by some lecturers in the United Kingdom, Europe and Hong Kong. This article will explore the adoption of PBL approaches through the literature in order to draw some conclusions about the nature of PBL approaches in law and their relationship with institutional approaches to legal education. Problem Based Learning approaches are not visible in New Zealand. The article discusses the reasons for PBL's invisibility and PBL's appropriateness in the New Zealand legal education context now and in the future of legal work. Part of the New Zealand context is the participation of the indigenous people in legal education and consideration is given to whether PBL can benefit Māori law students. It is suggested that PBL approaches to learning law promote: Contextualisation Interdisciplinarity Integration of prior personal and/or professional knowledge Collaboration Enquiry skills Reflection and transition Self directed learning and self assessment Praxis. Problem Based Learning requires and fosters reflexive participants, who are sufficiently conceptually literate to read and critique key aspects of the social order and to understand their own, and others' status and role in it. Reflexivity contributes to humanist as well as legal solutions to complex human problems. PBL approaches are consistent with legal education in an increasingly global employment market