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Overview

Course Prescription

A study of the history and principles of land law including: estates and interests in land, the effect of registration and indefeasibility of title, leasehold estates, easements and profits, mortgages, and concurrent interests in land, and covenants affecting freehold land.

Course Overview

We consider the nature of real property and the concept of an interest or estate in land. We explore fundamental principles of New Zealand land law, including: the doctrine of tenure; legal and equitable interests in land; and priorities between interests. We examine the concept of “title” to land and the Land Transfer system of registration of title to land, with a detailed discussion of the principle of indefeasibility and its exceptions, including land transfer fraud, the Registrar’s power to correct, overriding statutes, in personam claims, and manifest injustice. We consider the compensation provisions and the role of caveats. 

We consider the extent of a landowner’s rights in their land, with a focus on rights to airspace, subsoil and minerals, water, and fixtures and chattels. 

We explore how Māori lost land by purchases, confiscations, and the operation of the Native Land Court, which enables us to introduce Te Ture Whenua Maori Act 1993 with its dual objectives of retention and utilisation of Māori land. We consider how the Land Transfer System and Te Ture Whenua Maori Act 1993 interface. We consider the extent to which there remains customary title in Aotearoa New Zealand, focusing on the foreshore and seabed, riverbeds, and lake beds.

We consider leasehold estates, the ways in which two or more people may hold concurrent interests in the same parcel of land, and methods of owning flats, offices, and townhouses, including stratum estates, company leases, cross leases, and unit titles.

We examine particular interests that one may hold in the land of another (including mortgages, easements, and covenants affecting freehold land).

Workload Expectations

This is a standard 20-point course. There will be around 48 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 200 hours.

Course Prerequisites, Corequisites and Restrictions

Prerequisite

Additional Advice on Prerequisites

To complete this course students must enrol in LAW 301 A and B

Locations and Semesters Offered

LocationSemester
City

Teaching and Learning

Campus Experience

Attendance is expected at scheduled activities including workshops to complete components of the course. Lectures will be available as recordings. Other learning activities including workshops will not be available as recordings. The course may include live online events including review sessions. Attendance on campus is required for the exam. The activities for the course are scheduled as a standard weekly timetable delivery.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including reading lists and lecture recordings (where available). Please remember that the recording of any class on a personal device requires the permission of the instructor.

Additional Information on Learning Resources

The main resources for Land Law are found on the Canvas page. A casebook and electronic reading materials can be found on Canvas.

The following legislation is required. A compilation of the relevant statutes will be available for purchase at Ubiq:

  •  Land Transfer Act 2017
  • Sch 5 to the Land Transfer Regulations 2018
  • Property Law Act 2007
  • Unit Titles Act 2010
There is no prescribed text for the course. 
We recommend Elizabeth Toomey (ed) New Zealand Land Law (3rd ed, Thomson Reuters, Wellington, 2017) and Jayden Houghton Tikanga Māori and State Law (Thomson Reuters, Wellington, 2025). 
More information about course resources, including other helpful texts, will be given in class and on Canvas.

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license.


You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Other Information

In 2025, the teaching team is Professor David Grinlinton, Jayden Houghton and Anja Borchardt.
Jayden Houghton is the course director for the full year.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.


Assessment and Learning Outcomes

Additional Information on Assessment

The course assessment revolves around a learning modules programme, which is comprised of five learning modules that students complete throughout the year. Each learning module has four components that students complete in order. First, students complete a pre-workshop activity in which students are guided through a complex legal problem in bite-sized chunks. Secondly, students attend a workshop on the same problem in which the tutor and students discuss potential answers to the problem. Thirdly, students take a post-workshop quiz in which they demonstrate their understanding of key legal concepts arising in or related to the problem. Finally, students gain access to a resource bank of past exam problems and videos in which the lecturers work through the problems step-by-step, which students can watch to prepare for similar problems in their exam.

The final exam will be open book.

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5
6
7
8
9
10

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type12345678910

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions. Your feedback helps teachers to improve the course and its delivery for future students. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Additional Information on Student Feedback

In the SET evaluations a few years ago, over 90% of students strongly agreed or agreed with the statement "Overall, I was satisfied with the quality of this course." In another recent year, about 92.5% of students strongly agreed or agreed with the statement "Overall, I was satisfied with the quality of this course."

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due. If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page. This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.