LAWHONS 742A/B : Public Authority Liability
Law
2020 Semester One (1203) / Semester Two (1205) (20 POINTS)
Course Prescription
Course Overview
Seminar 1: 5 March
Introductory Discussion
Introducing the course, each other, writing research papers
Part A: Beyond the Equality Principle: Special liability
Seminar 2: 12 March
Misfeasance in Public Office
Seminar 3: 19 March
Bill of Rights Compensation
Part B: The Limits of the Equality Principle
Seminar 4: 26 March
Consequences of Invalid Exercise of Lawful Authority
Seminar 5: 2 April
Special Immunities
Part C: Research methodology
Seminar 6: 9 April
Designing, researching and writing a research paper
Easter break
Part D: Negligence Liability of Public Authorities
Seminar 7: 30 April
Omissions or Failure to protect
Seminar 8: 7 May
Policy Considerations
Seminar 9: 14 May
Accommodating Public Authority Discretion
Part E: Beyond existing bases of liability?
Seminar 10: 21 May
Administrative Law Damages?
Seminar 11: 28 May
French Risk and Equality Principles
Seminar 12: 4 June
Direct liability of the Crown in Tort?
Course Requirements
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 |
Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Engage with the work and views of other class members by participating in class discussion, and by providing written feedback on their work (Capability 2.1, 2.2, 4.1, 4.2, 4.3 and 6.2)
- Describe accurately the doctrines, principles, concepts, theories and case law (the body of knowledge) relating to public authority liability (Capability 1.1, 1.2 and 2.1)
- Use use that body of knowledge to construct a logical sequence of issues arising out of the particular problem, selecting only the most relevant aspects of that body of knowledge (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.3, 4.1, 5.1 and 5.2)
- Apply those relevant aspects of the body of knowledge to analyse and solve each of the issues arising (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 5.1 and 5.2)
- Identify and discuss shortcomings of a doctrinal or policy nature in aspects of that body of knowledge, and to develop proposals for improvements (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.2, 5.1, 5.2, 6.1, 6.2 and 6.3)
- Evaluate competing positions on contentious issues in a balanced fashion, demonstrating awareness of the scope for reasonable disagreement on those issues (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.2, 5.1, 5.2, 6.1, 6.2 and 6.3)
- Develop your own position on issues arising (Capability 1.1, 2.1, 2.2, 2.3, 3.2, 3.3, 4.2, 5.1, 5.2, 6.1, 6.2 and 6.3)
- Articulate your thoughts and arguments both orally and in writing, and listen attentively to other points of view (Capability 1.1, 2.3, 4.1, 4.2, 4.3, 5.1 and 6.2)
- Create a research paper by choosing your own topic, carrying out detailed research on it, constructing a cogent argument about it, and articulating that argument in clear writing. (Capability 1.1, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 5.1, 5.2, 6.1, 6.2 and 6.3)
- Present (orally) your draft research paper to the class, using your choice of visual aids as appropriate, then lead class discussion and answer questions about it. (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2 and 6.3)
Assessments
Assessment Type | Percentage | Classification |
---|---|---|
Research paper | 70% | Individual Coursework |
Written response to materials and questions for one seminar | 10% | Individual Coursework |
Written comments on a classmate | 5% | Individual Coursework |
Presentation of your draft research paper | 10% | Individual Coursework |
Class participation | 5% | Individual Coursework |
In-class early feedback exercise | 0% | Individual Coursework |
6 types | 100% |
Assessment Type | Learning Outcome Addressed | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
Research paper | ||||||||||
Written response to materials and questions for one seminar | ||||||||||
Written comments on a classmate | ||||||||||
Presentation of your draft research paper | ||||||||||
Class participation | ||||||||||
In-class early feedback exercise |
Workload Expectations
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 at 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.
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.
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.