LAWGENRL 401 : Evidence

Law

2021 Semester One (1213) (20 POINTS)

Course Prescription

An overview of the rules related to the presentation of proof in New Zealand courts (civil and criminal) and tribunals, including the rules relating to hearsay, opinion evidence, privilege, examination of witnesses, confessions and the exclusion of illegally obtained evidence.

Course Overview

Evidence can be defined as the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved. The law of evidence comprises the legal rules regulating those means in a courtroom or tribunal setting. In general, there are four principal areas with which the law of evidence is concerned:

(i) The kind of evidence that will be acceptable in court;

(ii) How the trier of fact may use evidence to make findings in civil and criminal proceedings;

(iii) The manner in which evidence can be presented;

(iv) The persons who may or must give evidence - and how they may be questioned in court proceedings.

This course examines the legal rules of evidence in New Zealand relating to the four general areas outlined above and as set out in the Evidence Act 2006. The aim of the class is to give students a basic grounding in significant rules of evidence applicable to civil and/or criminal trial practice in New Zealand courts.

Course Requirements

Prerequisite: LAW 201, 231 Restriction: LAW 425

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 5: Independence and Integrity
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Apply the correct principles and rules of evidence to particular situations. (Capability 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.1)
  2. Critically evaluate issues of principle and policy raised by the current law of evidence. (Capability 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.1)
  3. Evaluate potential reforms to the law of evidence. (Capability 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.1)
  4. Think and write about — and also be able to discuss — the law of evidence in a coherent manner. (Capability 2.1, 2.2, 2.3, 4.1 and 4.2)

Assessments

Assessment Type Percentage Classification
Quiz 5% Individual Coursework
Assignment 25% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4
Quiz
Assignment
Final Exam

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.

Delivery Mode

Campus Experience

Attendance is expected at scheduled classes.
Lectures will be available as recordings. 
The course will not include live online events.
Attendance on campus is required for the exam.
The lectures for the course are scheduled as a standard weekly timetable.

Learning Resources

A casebook of reading materials will be available. Digital links to the materials in the casebook will be available via Canvas. No additional text need be purchased. However, students must obtain a copy of the Evidence Act 2006. This is available in pamphlet form from bookstores selling government publications, online at http://www.legislation.govt.nz/ and on the course Canvas website. YOU MUST BRING AND HAVE A COPY OF THE EVIDENCE ACT 2006 AVAILABLE FOR EVERY CLASS — WHETHER DIGITALLY OR IN HARD COPY. Additional materials will be handed out from time-to-time in class and/or posted on Canvas.
The following study resources are also available at the Davis Law Library:

— A text that is strongly recommended for this course is Elisabeth McDonald and Scott Optican Mahoney on Evidence: Act and Analysis (Thomson Reuters, Wellington, 2018) (KN390 L1 MAHe) which thoroughly covers the Evidence Act 2006 and its operation. It includes the full text of the Act and all regulations to the date of publication.
— For a more in-depth examination of specific aspects of the Evidence Act 2006 in criminal cases, see McDonald, Principles of Evidence in Criminal Cases (Brookers Ltd, Wellington, 2012) (KM600 L1 MDO).
— Students will also find useful Optican & Sankoff, Evidence Act Revisited for Criminal Lawyers (NZLS CLE Intensive Seminar Series: February 2010) (KL28 004 NZLSs 2010e).
— Another recommended text on the Evidence Act 2006 is Gallivan, Evidence (LexisNexis NZ Ltd, Wellington, 2008) (KN390 L1 GAL).
— For the most current cases, students can consult the continually updated chapter on “Evidence”, in Adams on Criminal Law (Brookers Looseleaf ed) (also available through Brookers OnLine: see “Adams on Criminal Law – Evidence” at http://www.library.auckland.ac.nz/databases/record/index.asp?record=brookers).
— Recent case law on the Evidence Act 2006 can also be accessed through Cross on Evidence (available through LexisNexis Online at http://www.library.auckland.ac.nz/databases/record/index.asp?record=LexNZ).   
— A useful summary of each year’s evidence case law by Auckland Law School Associate Professor Scott Optican is also published annually or bi-annually in the New Zealand Law Review.
— The New Zealand Law Journal and Capital Letter are also good, current sources of cases and articles dealing with evidence law.
As appropriate, information will be made available on the LAWGENRL 401 course page on Canvas: login at http://canvas.auckland.ac.nz.

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.

Digital 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.

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.

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 20/11/2020 12:50 p.m.