LAWS621 Written Assignment

Instruction

1. This is a compulsory assessment, counting towards 15% of your final mark.

2. The word limit for this assignment, strictly applied, is 2,500 words including footnotes. Any material over 2,500 words will not be marked. 

3. While there is no compulsory minimum word count, you are strongly encouraged to use all 2,500 words allowed.

4. No bibliography is needed.

5. You must use the New Zealand Law Style Guide for referencing and formatting purposes. Please use the latest (3rd) edition of the NZLSG. 

6. You must submit your assignment using the Turnitin submission link on Canvas.
7. Academic Integrity:
   • Turnitin will be used to screen your assignment for any evidence of plagiarism.
   • Please remember, when in doubt, always reference rigorously.
   • Appropriate referencing will contribute to your mark.
   • For further information about academic integrity and plagiarism, please see

8. Marking Criteria: Your submission will be assessed holistically and based on a number of factors, including, most importantly:
   • correct identification of relevant issues;
   • reference to and correct application of relevant and applicable authority (including primary and secondary sources);
   • critical analysis;
   • argument development;
   • clarity of writing;
   • clarity of structure (consider using headings and paragraphs);
   • coherence and flow;
   • use of appropriate formal academic legal language; and,
   • formatting compliant with the NZLSG.

Assignment Question

Factual Scenario

The ruling Government is a coalition consisting of the NZ Trust Party (55 seats), Conservative First Party (10 seats) and the Productivity Alliance Party (4 seats).

As part of its coalition agreement, the Government introduces the Coastal Resources (Strategic Projects) Bill 2026. The Bill establishes an expedited fast-track “one-stop shop” approval regime for large-scale seabed mining projects within New Zealand’s territorial sea.

The Bill contains the following provisions:

Purpose

The object of this Act is to facilitate the expeditious approval for seabed mining projects that are necessary to enhance energy security, reduce costs, and promote economic development.

Restriction on amendment or repeal of certain provisions

• This section applies to the following provisions (hereinafter referred to as reserved provisions), namely, sections 12 to 22 relating to the expedited approval process for seabed mining projects.
• No reserved provision shall be repealed or amended unless the proposal for the amendment or repeal is passed by a majority of 60% of all members of the House of Representatives.

The next general election is scheduled in eight months and the recent 1News Verian Poll suggests the coalition may struggle to retain a majority. Some political commentators have suggested that the polling reflects the Government’s legislative agenda including the introduction of the Bill. If elected, opposition parties have publicly committed to repealing the Bill if enacted.

A civil society group, Green Life Forever, is organising a nationwide petition and march to Parliament and is seeking the active support of iwi across Aotearoa New Zealand. The group argues that the bill raises constitutional issues under section 35 and should not proceed unless lawmakers and the executive properly take into account the Treaty of Waitangi, the Treaty principles, and tikanga Māori as part of the law-making process, including proper consultation with iwi.

It is considering pursuing litigation to challenge the constitutional validity of the Bill.

Green Life Forever seeks legal advice.

Write a legal opinion, advising Green Life Forever on the constitutional validity of the Coastal Resources (Strategic Projects) Bill 2026 and their chances of success in challenging the Bill generally, and s 35 specifically, in court. In your answer, address these questions:

1. Identify and explain the foundational constitutional principles engaged by s 35 and discuss the current legal and political approaches to entrenchments in Aotearoa New Zealand. (40 marks)

2. Analyse the interaction between the three branches of government and the likely outcome in this scenario regarding the proposed s 35. (30 marks)
3. Discuss any available Te Tiriti o Waitangi | Treaty of Waitangi or tikanga-based arguments for challenging the validity of the (30 marks)