LAW 211A/B : Public Law

Law

2023 Semester One (1233) / Semester Two (1235) (30 POINTS)

Course Prescription

The principles and workings of the New Zealand constitution; the powers, privileges and immunities of the three branches of government; the exercise and control of public power; and the relationship between the individual and the State (including the position of Māori under the Treaty of Waitangi).

Course Overview

This course introduces students to the principles and working of the New Zealand constitution, the institutions of government, the exercise of public power and relations between the citizen and the state. It surveys the various controls on public power, including the New Zealand Bill of Rights Act 1990 and supervision of public power by judicial review, and considers the place of the Treaty of Waitangi and other sources of indigenous rights in New Zealand public law.

The following main topics are covered in the course:

  • The Legislature / Parliament
  • The Executive
  • The Bill of Rights Act
  • Judicial Review / Administrative Law
  • Sources of Māori Rights
Course Rationale:
The Council of Legal Education, which oversees the training of persons for admission as Barristers and Solicitors of the High Court of New Zealand, requires Public Law to be a compulsory course for the LLB. This is because in order to fulfill their professional responsibilities lawyers must thoroughly understand the system of government that makes, administers and enforces the law. The system of government facilitates our living in an ordered society. It is essential that lawyers understand the relationship between citizens and the state, particularly the mechanisms available to protect citizens’ rights. In a country such as ours with an “unwritten” constitution, it is particularly important that citizens understand the proper modes of, and the bounds on, the exercise of public power, so that transgressions will be duly criticised. Lawyers have a special responsibility in this regard.

Course Requirements

Corequisite: LAW 298 or 299 To complete this course students must enrol in LAW 211 A and B

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Explain the structure and functioning of the New Zealand government system and of basic public lawprinciples (Capability 1.1, 2.1, 3.1 and 6.1)
  2. Identify and apply the law appropriately to situations that arise. (Capability 1.2, 1.3, 2.1, 2.2 and 3.1)
  3. Develop the capacity to write clearly, succinctly and in a well-organised way, demonstrating a relevant,accurate and critical appreciation of the law. (Capability 2.3, 3.1, 3.2, 3.3 and 4.1)

Assessments

Assessment Type Percentage Classification
Quizzes 5% Individual Coursework
Assignment 10% Individual Coursework
Opinion 15% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3
Quizzes
Assignment
Opinion
Final Exam

Workload Expectations

This is a standard 30-point course. Following University guidelines, a 30 point course represents about 300 hours of study. During a typical teaching week there will be 3 hours of lectures (72 hours of lectures). There will also be 8 x 1-hour tutorials throughout the year. For the year, this amounts to 80 hours in total. Since the course as a whole represents approximately 300 hours of study, that leaves a total of 220 hours across the entire year for independent study, e.g. reading, reflection, preparing for and writing assignments, preparing for the exam, etc.

Delivery Mode

Campus Experience

In person, Campus-based delivery

Attendance is expected at lectures and tutorials. Lectures will be available as recordings. Tutorials will not be available as recordings.

The course will not include live online events (except where lecturers choose to offer this in addition to lectures, or where it may replace a lecture when a lecturer is prevented, e.g. by illness, from giving a scheduled lecture in person).
The activities for the course are scheduled as a standard weekly timetable.

You must be available to attend the final examination, which will be in person and invigilated.

Offshore Online, Remote Delivery:

Limited opportunity is available during semester one, 2023 ONLY for this course to have online remote delivery for offshore students who cannot attend classes in New Zealand. From semester two 2023, all students must attend in person.

The online remote stream is strictly limited to offshore students who have prior approval from the University's Campus Care. If you cannot process your student visa to travel to Auckland because of ongoing emergency conditions/restrictions operating in your country, you MUST contact Campus Care well before enrolling for 2023 courses in order to be approved to enrol onto this online stream. 

From semester two, 2023 the online remote stream will no longer be offered and all classes will then be conducted in person, on campus with Panopto recordings available where appropriate. You must :

    attend the scheduled online activities including all semester one, 2023 assessment components.

    make arrangements to arrive in Auckland to start attending in person, all classes in semester two, 2023 and

    make yourself available in person on campus to attend the final examination. 

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes 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.

The required reading for the course will  available via Canvas. There is no prescribed textbook, but you may wish to refer to the texts below, which are all available either on desk copy at the Davis Law Library or as e-books from the library website.

  • Matthew Palmer and Dean Knight, The Constitution of New Zealand: A Contextual Analysis (2022)
  • Bruce Harris, New Zealand Constitution: An Analysis in Terms of Principles (2018) . 
  • Philip Joseph, Constitutional and Administrative Law in New Zealand (5th ed, 2021). 
  • With respect to the Introduction and Executive topic, Alison Quentin-Baxter & Janet McLean, This Realm of New Zealand: the Sovereign, the Governor-General, the Crown (2017), chapters 2 and 9. 
  • With respect to the New Zealand Bill of Rights Act 1990, Paul Rishworth, Grant Huscroft, Scott Optican and Richard Mahoney, The New Zealand Bill of Rights (2003) and Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2nd ed, 2015).

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching 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.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

SET reports for 2022 have just been received.  Lecturers will study these carefully in due course, and will take the feedback into account in revising their classes for next 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 against online source material using computerised detection mechanisms.

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.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, 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 http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser 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 https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

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.

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 https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course 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.

Published on 27/10/2022 11:42 a.m.