LAWGENRL 415 : Evidence

Law

2025 Semester Two (1255) (15 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, LAWGENRL 401

Capabilities Developed in this Course

Capability 1: People and Place
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and apply the correct principles and rules of evidence to particular situations. (Capability 3.2, 4.1, 4.2, 5.1 and 8.1)
  2. Critically evaluate issues of principle and policy raised by the current law of evidence. (Capability 1.1, 1.2, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1 and 8.1)
  3. Evaluate potential reforms to the law of evidence. (Capability 1.1, 1.2, 3.1, 3.2, 4.2, 5.1, 6.1 and 8.1)
  4. Advocate effectively for particular applications of the law of evidence as client representation requires. (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 6.1 and 8.1)
  5. Exercise independent judgement, make principled decisions and engage in self-directed learning about the law of evidence. (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 7.1 and 8.1)

Assessments

Assessment Type Percentage Classification
Assignments (two x 35%) 70% Individual Coursework
Reflections (three x 10%) 30% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Assignments (two x 35%)
Reflections (three x 10%)

Workload Expectations


This is a standard 15-point course.  The guideline for the total workload for this course is 150 hours.


Delivery Mode

Campus Experience

Attendance is expected at lectures. 
Lectures will be available as recordings.



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.

There is a casebook of reading materials. Digital links to the casebook will be available on the course Kanawehi site.

MAHONEY ON EVIDENCE: ACT & ANALYSIS (4th ed. 2025) is the required text for the course.

Ngā tauira should also have a copy of the Evidence Act 2006, which is available online at http://www.legislation.govt.nz and in the Mahoney text. Ngā tauira should bring a copy of the Evidence Act 2006 to every class, either in digital or paper form.

The course will also utilise a “Case File” for the fictional case of Harrell v Hipkins, prepared by the lecturers. A copy of the Harrell Case File is available on the course Kanawehi site. Students should review the Case File and have it available during lectures, as we will use it as a problem set to work through the rules of evidence during class time and it will serve as the foundation for the assignments during the course.

The High Court Rules and Evidence Regulations are also available online at: http://www.legislation.govt.nz.

Additional materials may occasionally be handed out or posted on the class Kanawehi site.

Please read the daily syllabus carefully, as multiple topics are often covered on a single day. When the reading assignment includes a court opinion, ngā tauira should read the entire opinion unless the syllabus indicates otherwise.

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.

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.

Based on student feedback, this year more assessments worth less weight each  (5 between 10-35%) have been added. 

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

Most of the materials that we will read, as well as much of our discussion in class, will use the pronouns “he/him/his” or “she/her/hers.” Of course, gender is not binary, and some people prefer to use “they/them/their” or “ze/hir” for individuals. I try to limit the use of pronouns, but when pronouns are necessary, sometimes having a singular pronoun match a singular noun can be important for clarity. If you have a preferred pronoun, please let me know at your earliest convenience. If I refer to you by an incorrect pronoun, please also let me know that, so that I can correct my mistake.

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 06:20 p.m.