LAW 211A/B : Public Law

Law

2025 Semester One (1253) / Semester Two (1255) (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 operation 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, tikanga Māori and other sources of indigenous rights within New Zealand public law.

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: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Explain and critically evaluate the structure and functioning of the New Zealand government system and of basic public law principles. (Capability 3.1 and 4.1)
  2. Analyse and critically evaluate the relationship and interactions between the branches of government, and between the State and the public. (Capability 3.1 and 4.1)
  3. Articulate and interrogate concepts and practice of legal centralism and legal pluralism in constitutional and public law in Aotearoa New Zealand, especially the place and influence of Te Tiriti o Waitangi, tikanga Māori and the UN Declaration of the Rights of Indigenous Peoples in the state legal system. (Capability 1.1, 1.2, 2.1, 3.1 and 4.1)
  4. Identify and apply public law principles, doctrines, conventions and mechanisms appropriately to fact scenarios and issues discussed in lectures and tutorials, as well as those likely to arise in practice and professional contexts. (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)
  5. Describe and critique the principle mechanisms regulating the exercise of public power including administrative law, the NZ Bill of Rights Act 1990, and Te Tiriti o Waitangi. (Capability 1.1, 1.2, 2.1, 3.1, 4.1 and 5.1)
  6. Write clearly, succinctly and in a well-organised way, demonstrating a relevant, accurate and critical appreciation of public law concepts and principles in research and opinion contexts. (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)

Assessments

Assessment Type Percentage Classification
Coursework 50% Individual Coursework
Final Exam 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Coursework
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. There will also be 8 1-hour tutorials throughout the year. For the year, this amounts to 80 hours. 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 assessments/exams, etc.

Delivery Mode

Campus Experience

  • Attendance is expected at lectures and tutorials. Lectures are recorded. Tutorials are not recorded.
  • The course will not include live online events.
  • Attendance on campus is required for the exam.
  • The activities for the course are scheduled as a standard weekly timetable.

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 be available via Canvas. There is no prescribed textbook, but you may wish to refer to the texts below, which are all available on desk copy at the Davis Law Library, and some (but not all) are available online, accessible through the Talis platform.
• Matthew Palmer & Dean R. Knight, The Constitution of New Zealand: a contextual analysis (2022).
• Bruce Harris, New Zealand Constitution: An Analysis in Terms of Principles (2018).
• Philip Joseph, Joseph on Constitutional and Administrative Law (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 Legislature topic, David McGee, Parliamentary Practice in New Zealand (3rd ed, 2005).
• With respect to the New Zealand Bill of Rights Act 1990, 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.

The course is reviewed regularly in light of student feedback. In particular, feedback from 2024 indicated the tutorials that accompanied lecturers were useful for learning and application, and the system will be retained and refined accordingly. It is also likely that more practical elements that apply knowledge and work through problem questions will be included in lecture content. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations 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. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

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 your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, 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 you may be asked to submit your 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. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 01/11/2024 03:19 p.m.