Faculty of Law Undergraduate Handbook - Faculty of Law - The ...

2010Faculty of LawUndergraduate Handbook

Contents2010 Law Diary 5Application and Enrolment Procedures 6The LLB Degree 9The LLB (Hons) Degree 11Conjoint Degrees 12Study Opportunities for Law Graduates 13Certificate of Proficiency (COP) Courses 14Professional Legal Studies Courses 15Postgraduate Programmes 16Planning Your Programme 172010 Law Timetable 22Course Descriptions 24Honours Information and Requirements 72Legal Research and Writing Requirements 74Written Work 77Tutorial Programme 83Mooting Programme 85Examinations and Coursework 87Research Facilities 90Publications 91Community Placement 93The Equal Justice Project 94Student Exchanges 95Students’ Associations 97Scholarships, Prizes and Financial Support 100Careers 110Staff of the Faculty of Law 111Index 119Cover photo: Rose Wang, Anthea Markstein, James Cairney andJennifer Devlin, four of the five 2008 Senior Scholars, at the mid-yearScholarships evening in the Law School.| 2010 Faculty of Law Handbook

Welcome fromthe DeanWelcome to your law studies at Auckland.The strength of the Auckland Law School lies inthe calibre of its staff and the resources of theDavis Law Library, New Zealand’s most extensivecollection of legal research materials. Myacademic colleagues have expertise that spansthe range of legal subjects: from business law, taxand family law through to public and privateinternational law, constitutional law, the Treaty ofWaitangi and indigenous rights, environmentallaw and human rights. Many have national andinternational reputations in their fields. The legaleducation we seek to offer recognises that law ispart of a wider social context: it is not merely aset of rules and procedures created in isolation bylegislators, administrators and judges. Our visionof legal education includes equipping studentswith the capacity to think critically, and to askquestions about legal rules and institutions. Manyof our academic staff participate in advisory rolesto government agencies, lawyers, community andbusiness organisations, and are active in thewider community.Some of you will elect to study law as part of aconjoint degree programme, in conjunction witharts, commerce, science, property, engineering orhealth science degrees. In your final two years ofthe law degree, all of you will have considerablefreedom to choose from more than 50 lawelective courses in many areas of specialisation.After that, the Faculty’s innovative postgraduateprogramme entices many of our students back to2010 Faculty of Law Handbook |

gain an LLM, which is offered either as a general masters qualification or in one of three specialistareas: commercial, public and environmental.This handbook sets out the undergraduate programmes and courses offered by the Faculty, informationon academic requirements and the student support services available in the Faculty. If you have anyproblems or questions during the year, please feel free to discuss them with one of our Student Advisersor a member of the academic staff.On behalf of the Law School, I wish you well with your studies and trust that you will find the legaleducation that we offer at the Auckland Law School to be personally, professionally and intellectuallyrewarding.Professor Paul RishworthDeanProfessor Paul RishworthDisclaimer:The information in this Handbook is current at the time of going to print and is subject to alteration.Every reasonable effort is made to ensure the accuracy of the information in the Handbook. All studentsenrolling at The University of Auckland must consult the 2010 Calendar of The University of Auckland toensure that they are aware of and comply with all regulations, requirements and policies.| 2010 Faculty of Law Handbook

2010 Law DiaryJanuary Tuesday 05 Summer School classes begin for LAW 462Wednesday 06 Summer School classes begin for LAW 446Thursday 07 Summer School classes begin for LAW 422Monday 11 Last day to delete Summer School coursesFriday 29 Final date for submission of Summer Honours DissertationsFinal date for submission for Research PapersFebruary Friday 26 LLB Part II OrientationMarch Monday 01 Semester I beginsFriday 12 Last day for deletion without penalty for Semester I coursesLast day for enrolment and approval of topic for Supervised Research PapersMonday 15 Tutorials begin for Parts I, II and IIIFriday 26 Last day for deletion without penalty for Double-Semester coursesFinal day for registering a Research Paper in lieu of Exam in elective coursesTuesday 30 Law and Society Test 7 pmApril02-16 Mid-Semester and Easter BreakFriday 16 Torts Essay due 4 pmThursday 22 Contract Test 7 pmTuesday 27 Public Law Test 7 pmMay Thursday 06 Opinions due in Law elective courses 4 pmTuesday 11 Criminal Law Test 7 pmThursday 20 LAW 399 Research Trail due 4 pmThursday 27 Torts Test 7 pmJune Thursday 03 Equity Test 7 pmFriday 04 Personal Property Test 6 pmFriday 04 Supervised Research Papers due 4 pmHonours Dissertations due 4 pmPapers in Lieu of an Examination due 4 pmFirst Semester lectures endJune Study Break and Examinations (Mon 7 June – Mon 28 June)June – Julyinter-Semester Break (29 June – 16 July)July Monday 19 Semester II beginsTuesday 20 Criminal Essay due 4 pmThursday 22 Land Law Test 7 pmThursday 29 Contract Essay due 4 pmFriday 30 Last day for deletion of Semester II courses30 Last day for enrolment and approval of topic for Supervised Research PapersAugust Monday 02 Tutorials resume for Part I, II and III coursesThursday 12 Public Law Essay due 4 pmFriday 13 Final day for registering Research Paper in Lieu of exam in elective coursesTuesday 17 Law and Society Test 7 pmThursday 19 Contract Test 7 pmThursday 26 Criminal Test 7 pmFriday 27 Honours Seminar Papers due 4 pmAug – SeptMid-Semester Break (30 August – 10 September)September Thursday 16 Legal Method Test 7 pmMonday 20 Opinions due in all Law elective courses 4 pmOctober Thursday 07 LAW 399 Research Trail due 4 pmFriday 22 Supervised Research Papers due 4 pmPapers in Lieu of Examinations due 4 pmHonours Dissertations due 4 pmSecond Semester lectures endMonday 25 Labour DayOct – NovStudy Break and Examinations (Tuesday 26 October – Monday 15 November)2010 Faculty of Law Handbook |

Application andEnrolment ProceduresNew students to The University of Auckland or students who were not enrolled in 2009 need to completetwo separate steps:1. Applying for admission into the University;AND WHEN ACCEPTED2. Enrolling into classes.Applying (for new students to The University of Auckland)On The University of Auckland homepage you need to click on the QUICKLINK ‘Apply Now’ or go to:www.auckland.ac.nz/apply_now.You should submit your Application for Admission by 1 December 2009 if you are applying for LLB PartII or by 8th December 2009 if you are applying for LLB Part I. LLB Part I applicants should consult the2010 Undergraduate Law Prospectus.You can apply at any time during the year, even before you have received your NCEA or universityresults. You can apply for more than one programme (eg LLB, BA, and BA /LLB). If you are applying forLLB Part I, select ‘Law Pt I’ for your plan. If you are applying for LLB Part II, select ‘Law’ for your plan.After you have submitted the Application for Admission, you will receive an acknowledgement of yourapplication from the University. The letter of acknowledgement will ask you to send through specificcertified documents such as your birth certificate, passport, school results, university results etc. You willalso be given a NetID and password so that you can access nDeva (the University’s student self servicesystem).Your application will be assessed and if you are eligible for admission, the University will send you aletter offering you a place. You can also see whether you have been offered a place by logging on to thenDeva website using your NetID and password. Offers of place for LLB Part II are usually notified aroundthe end of December. Offers of place for LLB Part I are usually notified around the end of January/earlyFebruary. If you have not heard by early February you should contact the Faculty of Law.Once you have received your letter of acceptance you can ‘accept’ or ‘decline’ your offer of place onnDeva (clicking ‘FOR APPLICANTS’). Having accepted your offer of place, you can enrol online in thecourses you wish to study. See “Enrolling in classes” section for more details. If you are unable to accessthe nDeva website, please call 0800 61 62 63, or come into the Clock Tower Student Centre at 22Princes Street, Auckland.Enrolling in Classes (for new students)If you are a new student, you will need to have been admitted to the University and have accepted youroffer of a place before you can enrol into classes.Although you have been admitted to Law, the Faculty does not guarantee you a place in the stream ofyour choice or the classes of your choice. Enrol as early as you can to avoid disappointment.| 2010 Faculty of Law Handbook

Steps:1. Use ‘class search’ to find the times and 5-digit class number of each course you wish to take. Makesure that you have no timetable clashes.2. Use ‘enrolment’ and follow the instructions to insert the class numbers. You can click on ‘insertadditional class’ to load in all the courses you wish to take for a semester. Once you have entered allcourses, click on ‘save classes’.3. Click on ‘Submit Request’ to complete enrolment into all the classes you have selected. If yourenrolment is not successful, check the error messages as they will tell you why your request has notbeen successful. If you need help telephone 0800 61 62 63.Applying (for returning students)If you are currently enrolled at The University of Auckland in 2009, and will continue with your existingprogram(s), there is no need to make a new application. You can go straight to “Enrolling in classes”section.If you are currently enrolled at The University of Auckland in 2009, and wish to apply for a newprogramme (for example: applying for LLB Part II after a LLB Part I year, or applying for BA/LLB conjointafter studies in BA), please:1. Go to www.auckland.ac.nz/ndeva2. Log on as a student using your Net ID and Net Account password3. Click on ENROLMENT4. Click on ADD/CHANGE PROGRAMME5. Click on the Add/Change Programme link and complete the form:Starting term:Programme type:Programme:Campus:2010 First SemesterBachelorse.g.: Bachelor of Laws — LLB orBA /LLB etcCityPlan (Major or specialisation): Law Part I — SP (if applying for LLB Part I)orLaw — SP (if applying for LLB Part II or above)6. Click NEXT STEP until the Declaration page appears — Do not click SAVE AND EXIT at this point oryour application will not go through7. Declaration — click YES8. Click SUBMIT APPLICATIONSee above for the closing dates.All applicants for LLB Part II for 2010 who wish to be considered under the targeted admission schemesfor Maori students, indigenous Pacific residents or disabled students must apply in the first instance onnDeva, as above. It is also important to check under your Personal Details on nDeva that you areregistered in the appropriate category.2010 Faculty of Law Handbook |

If you are registered as Maori, indigenous Pacific or disabled and you wish to apply for Law Part II, theLaw School requires further information to supplement what you provide on-line. Please collect a furtherquestionnaire available from Law Reception, and return it to the Law School by 1 December 2009. Youmay subsequently be required to attend an interview. Please ensure your contact address and telephonenumber is up-to-date on nDeva.On acceptance into your new programme, you will need to accept your offer and then be able toenrol in courses through nDeva. For help, call 0800 61 62 63 or visit the Clock Tower Student Centre at22 Princes Street.Enrolling in Classes (for returning students)If you are already accepted into the programme as a returning student, you can enrol in courses throughnDeva from Monday 2 November 2009 onwards. You can enrol in semester-long courses up until theend of the 2nd week of each semester. Double-semester courses can be enrolled in up until the end ofthe 4th week of the first semester. The Faculty of Law has limitations on enrolments in many of itscourses so you should enrol early to avoid disappointment.Adding and Deleting CoursesStudents can add or delete semester-long courses without penalty, up until the end of the 2nd week ofeach semester. Double-semester courses can be added or deleted without penalty, up until the end ofthe 4th week of lectures in the first semester.After these deadlines, subject to availability of places in a course, a late enrolment may be acceptedupon payment of a late enrolment fee of $100.00 (incl. GST) per course. You will need to complete aSA‐70 Course Alteration Form available from the Law Faculty Office or downloadable from theUniversity website, and consult the Associate Dean (Student Administration) for approval. Havingdone that, you need to pay the late enrolment fee at the Cashier’s Office (Room 112 of the Clock Tower,22 Princes Street). Then the form should be returned to the Enrolment & Systems Administrator(Room 304 of Law School).After these deadlines, if you wish to cease attendance in a course, you may apply to withdraw from thecourse by obtaining the approval of the Associate Dean (Student Administration) at the Law School.Application must be made on the SA-70 Course Alteration Form available from the Law Faculty Officeor downloadable from the University website. The last date you can withdraw from semester-longcourses is 3 weeks before the end of the lectures; the last day you can withdraw from double-semestercourses is 3 weeks before the end of lectures in the 2nd Semester; the last day you can withdraw fromsummer school courses is 1 week before the end of lectures. The course will remain on your academicrecord and show as a ‘withdrawal’. Tuition fees are not refundable in the case of ‘withdrawals’.| 2010 Faculty of Law Handbook

The LLB DegreeThe LLB degree is a four-year (8-semester) degree. The degree consists of courses with a total value of480 points. The degree can be studied full-time or part-time and can be studied as part of a conjointcombination with many degrees described under ‘Conjoint Degrees’ later in this section of the Handbook.Applications are required for entry into both LLB Part I and LLB Part II, with the closing date of1 December 2009 for LLB Part II and 8 December 2009 for LLB Part I.If you are a graduate, you may be selected on the basis of your grades in LAW 121G and LAW 131, plusyour best 90 points (or equivalent) from your most recent year of university study. Alternatively, if youdemonstrate legal aptitude (eg by having a good LSAT score) you can apply for admission for LLB Part Iand LLB Part II concurrently.The LLB Part II courses of LAW 201, 211, 231 and 241 are full-year courses as are LAW 301 and 306 inPart III. Students accepted into LLB Part II are reminded to first enrol for LAW 299 in the first semesterand then to enrol in the full-year courses for both the first (A) semester and the second (B) semester.Students should enrol in the same timeslot (or stream) in both semesters for the full-year courses.The LLB Degree StructurePart ILaw 121GLaw & Society(15 pts)Law 131Legal Method(15 pts)Non-law coursesprescribed for another bachelors degree(75 pts)GeneralEducation(15 pts)Part IILAW 299Legal Res1 (0 pts)LAW 201Criminal Law(30 pts)LAW 211Public Law(30 pts)LAW 231Law of Torts(30 pts)LAW 241Law of Contract(30 pts)Part IIILAW 399Legal Res2 (10 pts)LAW 301Land Law(20 pts)LAW 306Equity(20 pts)LAW 316Jurisprudence(15 pts)LAW 458LegalEthics(10 pts)Law elective courses(45 pts)Part IVLAW 400Legal Res3 (10 pts)Law elective courses (110 pts)Notes:1. The course LAW 458 Legal Ethics (10 pts) satisfies the Council for Legal Education (CLE ) requirement that law graduates must obtain a pass ina CLE approved Legal Ethics course in order to be admitted as a barrister and solicitor of the High Court of New Zealand. Although technicallyan elective course for the degree, students intending to be admitted to the bar are therefore required to take this course. A student who doesnot intend to go on to admission to the bar, and does not wish to take Legal Ethics, will need to take additional points in place of Legal Ethics.2. Students enrolling for the full-year compulsory courses of Criminal, Public, Torts, Contract, Land and Equity should enrol for both Semester A andSemester B and must enrol in the same timeslot (stream) for both semesters.3. Students admitted to LLB Part II before 2009 have the option of completing Part IV with LAW 499 (0 pts) plus 120 points in electives ORLAW 400 (10 pts) plus 110 points in electives. This transitional arrangement is available only until 31/12/2011. Students completing theirdegrees after 2011 must include LAW 400.2010 Faculty of Law Handbook |

General EducationCourses in General Education are a distinctive feature of The University of Auckland bachelor’s degree.The General Education programme has been designed to produce graduates with flexibility, criticalthinking skills, and an appreciation and understanding of fields outside of their usual area of study.LLB students enrol for LAW 121G Law and Society and this counts as one of the two General Educationcourses required. Law students take a second General Education course from the General Educationschedule related to their programme of study. See www.auckland.ac.nz/generaleducation. Students maytake the second General Education course in their LLB Part I year or defer it to a later year, especially ifthey are enrolled for conjoint degrees. Conjoint students take LAW 121G on their law side and the otherGeneral Education course for their other degree.Graduate students and students who enrolled at The University of Auckland before 2006 are not usuallyrequired to take General Education courses but still take LAW 121G within LLB Part I.10 | 2010 Faculty of Law Handbook

The LLB (Hons) DegreeStudents are invited into the LLB(Hons) programme on completion of all their LLB Part II courses. Thedegree takes the equivalent of nine semesters to complete and is 540 points in value.The degree is made up as follows:1. Part I as for LLB2. Part II as for LLB3. Part III as for LLB plus one 20-point seminar course4. Part IV as for LLB5. A 40-point, 18,000-word dissertation, which is completed in the 9th semester of the degree (or 11thsemester of conjoint programmes), and which is submitted by the end of teaching in that semester.Note:a. In addition, a student must perform work throughout the course which, in the opinion of the Faculty,is of a sufficiently high standard. To be awarded LLB(Hons) a student must achieve a minimum of a75% weighted average pass over all law courses and the dissertation.b. A student may enter the Honours programme at any time after completing Part II if they haveachieved the entry standard across all law courses taken to date, and they have not had the degreeof LLB conferred.Further details on Honours can be found in the Honours Section of this Handbook.2010 Faculty of Law Handbook | 11

Conjoint DegreesConjoint degrees offer the student the opportunity to complete the LLB and another undergraduate degree(except the BE(Hons)) within five years of full-time study rather than the six years it would take if the twodegrees were undertaken consecutively. This five-year arrangement is possible only if a heavier than normalcourse load is taken in each year.The Faculty of Law offers the following conjoint programmes: BA/LLB, BA/LLB(Hons), BCom/LLB, BCom/LLB(Hons), BE(Hons)/LLB, BE(Hons)/LLB(Hons), BHSc/LLB, BHSc/LLB(Hons), BSc/LLB, BSc/LLB(Hons) and BProp/LLB, BProp/LLB(Hons). Students undertaking any of these conjoint degree combinations should be aware of theregulations covering each degree, and consult with both Faculties when planning their programme.Apart from the BE(Hons)/LLB, conjoint programmes with law are comprised of 390 points of Law courses (or450 points for the LLB(Hons)conjoint) and 270 points of courses from the other degree including 15 pointsfor General Education courses for each component. The BE(Hons)/LLB is made up of 390 points of Law and405 points of Engineering, courses including 15 points of General Education courses for each component.There are several ways of structuring the conjoint degrees. The scenario below, although the usualarrangement, is just one of many possible combinations. The 90 points of non-law courses in Year I shouldbe carefully planned to take into account the regulations of the other degree programme. This will ensurethat students who are not selected for LLB Part II or students who decide not to take up the place offered tothem in LLB Part II are not disadvantaged.Possible LLB Conjoint Structure (except BE(Hons)/LLB)Possible LLB Conjoint Structure (except BE(Hons)/LLB)Year IYear 2Year 3Law 121GLaw andSociety(15 pts)LAW 299Legal Res1 (0 pts)LAW 231Law of Torts(30 pts)Law 131LegalMethod(15 pts)LAW 201Criminal Law(30 pts)Other degree:(75 pts)LAW 211Public Law(30 pts)LAW 241Law of Contract(30 pts)Other degree(75 pts)Other degree(75 points)GeneralEducation(15 pts)Year 4LAW 399Legal Res 2(10 pts)LAW 301Land Law(20 pts)LAW 306Equity(20 pts)LAW 316 LAW458Jurisprudence Legal Ethics(15 pts) (10 pts)Law electivecourses(45 pts)Otherdegree(15 pts)Year 5LAW 400Legal Res 3(10 pts)Law elective courses (110 pts)Otherdegree(15 pts)Notes:The Conjoint Degrees regulations recommend a student workload of 135 points per year. Law students taking conjoint degrees need 135 points infour of their five years and only 120 points in the other year. The Law School recommends a workload of 120 points in the first year as gradesachieved in that year are critical.12 | 2010 Faculty of Law Handbook

Study Opportunities forLaw GraduatesTwo new qualifications for law graduates were introduced in 2008. The GradDipLaw and GradCertLaw consistof further undergraduate study in law and are available to all graduates who hold an LLB degree (or equivalent).New Zealand law graduates who wish to supplement their degrees with further courses at the undergraduatelevel may take elective courses from the LLB programme for either the Graduate Diploma or GraduateCertificate.Overseas law graduates who are taking undergraduate law courses, whether compulsory or elective, on therecommendation of the Council of Legal Education may take those courses for the Graduate Diploma orGraduate Certificate (but should note the limitation of enrolments for LLB Part II courses — see below).Graduate Diploma in Law (GradDipLaw)LLB graduates from both New Zealand and overseas who wish to further enhance their legal knowledge areable to apply for a GradDipLaw. The programme is equivalent to one year (two semesters) full-time, but may becompleted part-time (over any duration). Students will be required to complete 120 points of courses from LLBPart II, III and IV of which at least 75 points must be from LLB Part III and IV. If a student wishes to enrol in anLLB Part II course, the student must satisfy the Grade Point Average required for admission into LLB Part II.With the approval of the Dean of the Faculty of Law, in lieu of some courses from LLB Parts II, III, or IV, astudent may substitute 30 points from courses listed in the Master of Laws programme. The Dean of theFaculty of Law may require the student to include LAW 788 with other courses from the Master of Lawsprogramme. With the approval of the Dean of the Faculty of Law, a student may enrol in 30 points of coursesfrom Stage II or higher in a relevant programme offered elsewhere in the University.Overseas law graduates may be required to enrol in LAW 131 Legal Method as a Certificate of Proficiencycourse as a condition of enrolment, or include LAW 472 Introduction to Common Law in the 120 points of theGraduate Diploma.Graduate Certificate in Law (GradCertLaw)LLB graduates from both New Zealand and overseas who wish to further enhance their legal knowledge areable to apply for a GradCertLaw. The programme is equivalent to one semester full-time, but may becompleted part-time (over any duration). Students must pass 60 points of law courses from LLB Parts II, III andIV. If a student wishes to enrol in an LLB Part II course, the student must satisfy the required Grade PointAverage required for admittance into LLB Part II.With the approval of the Dean of the Faculty of Law, in lieu of courses from LLB Parts II, III, or IV, a student maysubstitute 30 points from courses listed in the Master of Laws programme. The Dean of the Faculty of Law mayrequire the student to include LAW 788 with other courses from the Master of Laws programme. With theapproval of the Dean of the Faculty of Law, a student may enrol in a 15-point course from Stage II or higher ina relevant programme offered elsewhere in the University.Overseas law graduates may be required to enrol in LAW 131 Legal Method as a Certificate of Proficiencycourse as a condition of enrolment, or include LAW 472 Introduction to Common Law in the 60 points of theGraduate Certificate.Students who have completed Certificate of Proficiency courses in Law, and have enrolled in the aboveprogrammes, may request that the completed COP courses be reassigned.2010 Faculty of Law Handbook | 13

How to apply for COP courses in lawThis is a two-step process. First you must apply to The University of Aucklandhttp://www.auckland.ac.nz/apply_now or telephone 0800 61 62 63 for help.If you are an overseas law graduate wishing to apply for a COP course, the programme you apply for isCOPUA or COPOS (if you are an international student).Transferring final-year law graduates will apply for through nDeva forCert of Proficiency for Canterbury (COPCU)Cert of Proficiency for Lincoln (COPLU)Cert of Proficiency for Massey (COPMU)Cert of Proficiency for Otago (COPOU)Cert of Proficiency for Overseas (COPOS) or (COPEX)Cert of Proficiency for Victoria (COPVU)Cert of Proficiency for Waikato (COPWU)Having applied online, applicants must then contact the Faculty of Law (09 3737 599 ext 85971) oremail: undergradlaw@auckland.ac.nz) for the Law COP Application Form. All applicants must receiveadmission to The University of Auckland as well as approval from the Faculty of Law. Applicants will beadvised of the outcome of their application by the Faculty of Law and the Faculty of Law will enrol youfor your course(s).If you are applying for one or more of the compulsory Part II law courses (Criminal, Public, Torts andContract) you must submit your online application and your law COP application form by 1 December ofthe year preceding that in which you wish to enrol. You will be subject to the same selection criteria asapplicants for the LLB.Professional Legal Studies CoursesAfter completing the LLB, students who wish to be admitted as a barrister and solicitor must complete aProfessional Legal Studies course.There are two providers of the Professional Legal Studies course.The Institute of Professional Legal StudiesWebsite: www.ipls.org.nzAuckland Branch: 09 358 1204National Administrator: 04 463 6393Email: iplsnat@clear.net.nzThe College of Law New ZealandWebsite: www.collaw.ac.nzTelephone: 09 300 3168Email: enquiries@collaw.ac.nz2010 Faculty of Law Handbook | 15

Postgraduate ProgrammesMany LLB or LLB(Hons) students from New Zealand and around the world now takeadvantage of Auckland’s postgraduate programmes. The programmes can be completedfull-time or part-time.POSTGRADUATECERTIFICATEIN LAW(PGCertLaw)MASTER OFLEGAL STUDIES(MLS)MASTER OF LAWS(LLM)PhDDURATION6 months full-time,1 year part-time1 year full-time,up to 4 yearspart‐time1 year full-time, upto 4 years part-time3-4 years full-time,up to 8 yearspart-timeLaw is an increasingly complex and specialist field and the trend to continue on to a master’s degree isgrowing. Postgraduate study allows students much greater scope to study courses that will help themfulfil their career and other aspirations. Whether you are planning a career with a large law firm, or inthe public sector, or as a criminal barrister or family lawyer or in another specialism, a master’s degreewill enhance your prospects and employability.You can plan from the beginning of your legal studies to complete both an LLB and an LLM (eitherfull‐time or part-time), and choose courses so as to ensure that the two degrees add up to a coherentand well-balanced whole.Postgraduate programmes currently offered by the Faculty of Law are the Master of Laws (LLM), Masterof Legal Studies (MLS), Postgraduate Certificate in Law (PGCertLaw) and Doctor of Philosophy (PhD).The MLS was introduced in 2009 primarily for graduates of other disciplines (eg accountants, auditors,engineers, architects and planners, business and compliance managers, IT professionals, policy andpublic sector officials) who find that their careers require knowledge of legal matters, but do notnecessarily want to practise law.The Master of Environmental Legal Studies degree has been subsumed under the new MLS.For further information on our Postgraduate Programmes, please contact our Postgraduate Office, email:postgradlaw@auckland.ac.nz. Copies of the 2010 Postgraduate Prospectus are available on request bytelephoning 09 373 7599 ext 85395.As an alternative to postgraduate legal study, law graduates may also consider the GradDipLaw andGradCertLaw programmes — see the entry elsewhere in this Handbook.16 | 2010 Faculty of Law Handbook

Planning Your ProgrammeLaw School Student Adviser (Part I)Suranjika TittawellaBldg 8.01, Rm 3.03, ext 87939undergradlaw@auckland.ac.nzPouawhina MaoriRoszanna HazlewoodBldg 8.01, Rm 2.03, ext 88801r.hazlewood@auckland.ac.nzLaw School Student Adviser (Parts II,III & IV)Hilary SmeetonBldg 8.01, Rm 3.02, ext 88180h.smeeton@auckland.ac.nzAssociate Dean (Student Administration)Stephen PenkBldg 8.01, Rm 4.03 ext. 86436s.penk@auckland.ac.nzAcademic Counsellor to Pasifika StudentsTreasa DunworthBldg 8.03, Rm 3.14, ext 88008t.dunworth@auckland.ac.nzPasifika Academic CoordinatorHelena KahoBldg 8.01, Rm 2.01, ext 85019h.kaho@auckland.ac.nzAcademic Counsellor to Maori StudentsValmaine TokiBldg 8.03, Rm 2.05, ext 88020v.toki@auckland.ac.nzWorkloadsLLB Part IIAll students selected for LLB Part II must enrol in LAW 299 before enrolling in any other Part II course.LAW 299 is a corequisite to all Part II courses and nDeva will not allow enrolment in the other Part IIcourses first.The four compulsory courses, Criminal, Public, Contract and Torts consist of 3 hours of lecture time perweek, plus a one-hour tutorial every second week. LAW 299, Legal Research I consists of five one-hourclasses, four worksheets, four online modules and tests and a final test.The recommended law workload for Part II students is 120 points. Conjoint students and graduates maytake 135-150 points. While the University regulations allow students to enrol in a maximum of 80 pointsper semester, students are strongly recommended not to exceed 135 points for the two semesters.Students may also enrol in up to 30 points in a summer semester.LLB Parts III and IVThe recommended workload for Part III or IV is 120 points. Conjoint students may do 135 points. Whilethe University regulations allow students to enrol in a maximum of 80 points per semester, students arestrongly recommended not to exceed 135 points for the two semesters. Students may also enrol in up to30 points in a summer semester. 170 points is the maximum allowable points for the year as a whole(Jan-Dec), including Summer School.2010 Faculty of Law Handbook | 17

Part-time StudentsStudents may study law on a part-time basis. Part–time study places heavy demands on students toorganise their time effectively. It is strongly recommended that part-time students consult the LawFaculty Student Adviser or the Dean of Students when planning their programme.Choosing Elective CoursesThe following may be helpful when selecting law elective courses:What areas of the law interest you?• Choose courses building on those you have enjoyed• Choose courses linking courses you have enjoyed in other degrees• Choose courses in your particular fields of interestWhat might be of most use to you?• Are you seeking to practise in a specific area?• Do you want a generalist degree?• Do you want a balance of courses that are internally assessed and those with exams? Are there somecourses best left to your final year?On the following pages you will find the law elective courses grouped under various headings. Theserepresent possible areas of focus or specialisation within the LLB. You should note, however, that thesegroupings are somewhat arbitrary, and there is no requirement to include a major/specialisation/focuswithin the LLB. Note also that not all of the courses listed will be offered in any given year.Availability/ClashesYou need to check the course timetable available on nDeva from 2 November 2009.Choosing courses from other facultiesIt is important to seek prior approval from the Dean of Students if you wish to take courses from otherfaculties for credit to your law degree. Any courses approved should be at least Stage III or above andmust relate to your law studies. Applications are made on a special form and a course outline for thecourse you wish to take from the other faculty should be attached. Forms are available from the LawFaculty Office.Choosing law courses from other universitiesStudents need to seek advice and prior approval from the Dean of Students if they wish to take lawcourses from other universities to credit to their Auckland LLB. Students will not normally be able tocredit more than the equivalent of one year’s full-time study from courses outside Auckland. Applicationsare made on a special form and course outlines from the other university must be attached. Forms areavailable from the Law Faculty Office. Students should refer to the section on Student Exchanges later inthis handbook.Students wishing to enrol for law courses in summer school at Auckland should be aware thatprerequisite requirements will be strictly enforced.18 | 2010 Faculty of Law Handbook

Points to Remember1. LAW 299 must be the first Part II course that new Part II students enrol for. LAW 299 is acorequisite to each of the Part II courses.2. Students need to be enrolled for at least 100 points to be a full-time student. Most full-time studentstake between 120 and 135 points. It is not necessary to meet the 120 or 135 points total exactly.3. Part III students usually take the compulsory law courses of Land, Equity, Jurisprudence and LAW399 in the Part III year but can, if they wish, defer Legal Ethics until Part IV.4. Part III/IV students undertake a compulsory moot as part of the LAW 400/499 requirement. Sign-upfor the moot occurs in the first week of Semester one or two. Watch the moot noticeboard on Level 3of Building 801. Some students (especially Honours students) defer their moot until the Part IV year.5. Five written opinions are a requirement of LAW 499/400 (see the Research and Writing Section ofthis Handbook). These opinions are written in conjunction with 15-pt and 20-pt law electives thathave a final examination. It is advisable that students start writing their opinions in Part III and donot leave them all to Part IV. One (or sometimes, two) opinions should be written in each semester ofParts III and IV.6. The actual nDeva enrolment for LAW 400/499 is done in the final semester for the degree.7. Electives best left until the final year include:AdvocacyRestitutionImmigration and Refugee LawConflict of LawsStudy GroupsBelonging to a study group can be beneficial in a number of ways during your time at Law School.Most importantly a study group can be a source of support and encouragement and make you feel lessisolated in your studies. If you are reluctant to ask questions during lectures when feeling confused, astudy group can provide a ‘safe’ forum where material can be discussed, questions asked and conceptsclarified.For a study group to work effectively, it is important that the group comprises like-minded students witha similar work-ethic. All members should be motivated to do well, be dependable and tolerant of theviews of others. It is helpful to get to know fellow students by talking to them before and after lectures sothat you can form a study group comprising students who are compatible.A study group should ideally comprise three to five members as larger groups can become more difficultto manage. Ground rules must be set and agreed to by all members up front. As a consistent schedule isessential to a group’s success, it must be decided when, where and for how long the group will meet.Objectives for the group and structure for the sessions need to be determined. It can be useful for onemember to lead the group each meeting, that person choosing exam questions or topics to be discussedin advance allowing everyone to come along prepared. Most importantly, if you wish to gain from beingpart of a study group, you MUST come to meetings prepared and willing to contribute to discussions. Ifyou are prepared to commit to the group, work hard and be generous in sharing information and ideas,belonging to a study group can be invaluable.2010 Faculty of Law Handbook | 19

Possible areas of focus/specialisationBecause aspirations, and employment opportunities, may change, students are advised to preserve theirfuture options by choosing elective courses from a range of different areas. Nor is there any requirementto ‘specialise’ (or ‘major’) within the LLB degree.The following listings are of elective courses that are broadly related thematically. Note, however, thatthe headings (themes, specialisations) themselves, and the listing of courses under them, are somewhatarbitrary.Note also that not all of the courses listed will be offered in any given year.CommercialAdvanced Tax LawAdvanced Employment LawAgency and PartnershipBanking LawCommercial ArbitrationCommercial LawCommercial TransactionsCompany FinanceCompany LawCompetition LawCompany LiquidationsConflict of LawsConsumer LawCreditors RemediesEmployment LawEquitable RemediesEuropean Commercial LitigationGuarantees and IndemnitiesInsurance LawIntellectual PropertyInternational Sales & FinanceInternational TradeLaw and ITLaw of Personal PropertyMergers and AcquisitionsRemediesRestitutionLaw of Capital MarketsTax LawInternational LawAdvanced International LawColonialism to GlobalisationComparative LawConflict of LawsCounterterrorism Law & PolicyEuropean Commercial LitigationEuropean Union LawImmigration and Refugee LawInternational Economic RegulationsInternational Environmental LawInternational Criminal LawInternational Human RightsInternational Sales & FinanceInternational TradeIslamic LawLaw of the Sea and AntarcticaLaw of Armed ConflictMaritime LawPublic International Law20 | 2010 Faculty of Law Handbook

Criminal Law and JusticeAdvanced Criminal LawCriminal ProcedureInternational Criminal LawCriminologyYouth JusticePublic LawAdministrative Law/Judicial ReviewEmployment LawHealth Care LawImmigration & Refugee LawInternational Human RightsLaw and PolicyLocal Government LawPrivacy LawProcedure/Litigation/ResolutionAdvocacyCivil ProcedureCommercial ArbitrationCriminal ProcedureEvidenceDispute ResolutionEnvironmental LawInternational Environmental LawMining and Natural Resources LawResource Management LawEarth GovernanceMaori and Indigenous LawComparative Indigenous Law TopicsContemporary Treaty IssuesMaori Land LawSouth Pacific Legal StudiesGeneral law coursesLegal HistoryPrivacy LawWomen and the LawStatute LawLaw and PolicyRoman LawAnimals and the LawRelationships LawAdvanced Family LawFamily LawLaw of Family PropertyYouth Justice2010 Faculty of Law Handbook | 21

2010 Law TimetableNotes:1. The Faculty reserves the right to withdraw or substitute courses, and alter the timetable.2. Although admitted to Law program, you are not necessarily guaranteed a place in the stream of your choice.3. When enrolling in full-year compulsory courses, enrol for first and second semester at the beginning of the year.Summer School — 5 January to 17 February 2010LAW 422 Company Liquidations 15 pts T, Th (beginning 7 Jan) 10am-12noon & 1-3pmLAW 446 Mining & Natural Resources Law 15 pts M, W, Th (beginning 6 Jan) 10am-12noonLAW 462 Animals & the Law 10 pts T, W, F (beginning 5 Jan) 1-3pmCompulsory CoursesLAW 121G F Law and Society 15pts (i) M, W, F 8-9LAW 121G F Law and Society 15pts (ii) M, W, F 10-11LAW 121G F Law and Society 15pts (iii) M, W, F 12-1LAW 121G F Law and Society 15pts (iv) M, W, F 3-4LAW 121G F Law and Society 15pts (v) M, W, F 5-6LAW121G S Law and Society 15pts (vi) M, W, F 12-1LAW131 S Legal Method (ii) 15pts (i) M, W, F 11-12LAW131 S Legal Method (iii) 15pts (ii) M, W, F 3-4LAW131 S Legal Method (iv) 15pts (iii) M, W, F 5-6LAW 201 AB Criminal Law 30pts (i) M, W, F 9-10LAW 201 AB Criminal Law 30pts (ii) M, W, F 11-12LAW 201 AB Criminal Law 30pts (iii) M, W, F 3-4LAW 211 AB Public Law 30pts (i) M, W, F 8-9LAW 211 AB Public Law 30pts (ii) M, W, F 10-11LAW 211 AB Public Law 30pts (iii) M, W, F 2-3LAW 231 AB Law of Torts 30pts (i) M, W, F 8-9LAW 231 AB Law of Torts 30pts (ii) M, W, F 12-1LAW 231 AB Law of Torts 30pts (iii) M, W, F 4-5LAW 241 AB Law of Contract 30pts (i) M, W, F 9-10LAW 241 AB Law of Contract 30pts (ii) M, W, F 1-2LAW 241 AB Law of Contract 30pts (iii) M, W, F 5-6LAW 301 AB Land 20pts (i) W, F 10-11LAW 301 AB Land 20pts (ii) W, F 3-4LAW 306 AB Equity 20pts (i) W, F 11-12LAW 306 AB Equity 20pts (ii) W, F 2-3LAW 316 F Juris 15pts (i) M, W, F 9-10LAW 316 F Juris 15pts (ii) M, W, F 1-2LAW 316 S Juris 15pts (iii) M, W, F 12-1LAW 399 F Legal Research 2 10pts (i) T, Th 9-10LAW 399 S Legal Research 2 10pts (ii) T, Th 9-10LAW 399 S Legal Research 2 10pts (iii) T, Th 2-3LAW 458 F Legal Ethics 10pts (i) M 10-12LAW 458 S Legal Ethics (ii) 10pts (ii) M 10-12Elective Courses — First SemesterLAW410 F Advocacy 15pts M, W 5-8LAW413 F Civil Procedure 15pts T, Th 5-7LAW417 F Company Law 20pts T, Th 2-4LAW423 F Criminology 15pts M, W, F 3-4LAW425 F Evidence 20pts M, Th 10-12LAW426 F Family Law 20pts T, Th 8-10LAW427 F Health Care Law 15pts M 10-12W 10-11LAW430 F Employment Law 15pts T, 2-4Th 2-3LAW435 F International Law 20pts T, Th 10-12LAW437 F Women and the Law 15pts M, W, F 12-1LAW438 F Law & IT 15pts M, W 5-7LAW440 F Judicial Review 15pts T, 12-2Th 12-1LAW445 F Law of Family Property 15pts T, 12-2Th 12-1LAW448 F Psychiatry and the Law 15pts T, 2-4Th 2-3LAW450 F Resource Management Law 20pts T, Th 10-12LAW457* F Environmental Law for Non-lawyers 15pts F 9-12LAW459 F Maritime Law 15pts W 12-2F 12-122 | 2010 Faculty of Law Handbook

LAW471 F Law of Personal Property 10pts T, Th 2-3LAW472** F Introduction to Common Law 10pts 24-26 Feb 9-4.30LAW473 F Law of Armed Conflict 10pts M 12-2LAW474 F Privacy Law 10pts M, W 1-2LAW477 F Conflict of Laws 20pts W, F 10-12LAW485 F Int’l Economic Regulation 15pts T 2-4Th 3-4LAW490 F The Law of Capital Markets 15pts M, 8-10W 9-10LAW492 F Banking Law 15pts T 8-10Th 8-9LAW495 F Colonialism to Globalisation 15pts M 2-3W 2-4Elective Courses — Second SemesterLAW401 S Guarantees & Indemnities 10pts T 5-7LAW407 S Advanced Family Law 15pts T, 10-12Th 10-11LAW409 S Advanced Tax Law 15pts T, Th, F 3-4LAW415 S Commercial Law 20pts T, F 2-4LAW417 S Company Law 20pts M, Th 2-4LAW418 S Comparative Law 15pts M, W, F 1-2LAW419 S Competition Law 15pts M, W 5-7LAW425 S Evidence 20pts T, Th 10-12LAW428 S Immigration and Refugee Law 15pts M, T, W 8-9LAW429 S Tax Law 20pts T, Th 10-12LAW432 S Intellectual Property 20pts T, Th 4-6LAW433 S Int’l Environmental Law 15pts W 4-6F 4-5LAW439 S Youth Justice 10pts T, Th 12-1LAW444 S Maori Land Law 15pts W 10-11F 10-12LAW447 S Dispute Resolution 15pts T, Th 8-10LAW451 S Restitution 20pts T, F 2-4LAW455 S Islamic Law 10pts Th 2-4LAW460 S Advanced Employment Law 10pts W 10-12LAW466 S Public Authority Liability 10pts M 2-4W 2-3LAW467 S Counterterrorism Law & Policy 10pts T 4-6LAW472** S Introduction to Common Law 10pts 14-16 July 9-4.30LAW475 S European Commercial Litigation 10pts T, Th 12-1LAW476 S Int’l Sales & Finance 20pts T, Th 12-2LAW480 S Law and Policy 15pts T 8-10F 9-10LAW482 S Criminal Procedure 15pts T 12-2Th 12-1LAW488 S Statute Law 15pts T 11-12Th 10-12LAW489 S International Criminal Law 15pts M, W, F 2-3LAW493 S Commercial Transactions 15pts M 8-10W 8-9LAW496 S International Human Rights 15pts M, W, F 12-1Honours Seminars - Double-semesterLAWHONS 706 AB Criminal Law and Policy 20 pts F 10-12LAWHONS 716 AB Legal History 20 pts Th 10-12LAWHONS 721 AB Media Law 20 pts W 11-1LAWHONS 728 AB Studies in Public Law 20 pts T 9-11LAWHONS 733 AB Studies in Contract Law 20 pts T 11-1General Education CoursesLAW 121G F Law and Society 15 pts (See above for details)LAW 121G S Law and Society 15 pts (See above for details)*LAW 457 is not available as an elective for the LLB. It is intended as an elective for non-law students.**LAW 472 is an intensive course offered to international exchange students only.2010 Faculty of Law Handbook | 23

Course DescriptionsCompulsory Courses for LLB Part ILAW 121G — Law and SocietyCredit Points: 15 pointsOffered: First and Second SemesterContact Hours: Lectures — 3 hours per week, tutorials — 1 hour per fortnightCoordinator: Professor David V WilliamsPrerequisites: NoneCourse Description:The course is an introduction to the nature, functions, origins and contemporary questions relating to law in its socialcontext. The focus is on law and society in New Zealand, including its sources of law, its institutions, and its operationhistorically and today. Maori concepts of law and justice, and their relationship to the New Zealand legal system, arealso addressed.Content Outline:The course materials are divided into five parts:••••Concepts of law — a brief comparative perspective on approaches to law in society;Branches of Government — the origins of New Zealand’s flexible constitution, the balance of powers and therelationship to each other of the legislative, the executive and the judicial branches of government;The concept of property — a comparative social context approach to the important legal conception of property;Laws and Rights — a study of definitions of crime, due process in criminal justice, human rights and the Bill of RightsAct 1990;Law, colonisation and the Treaty of Waitangi — changing views on the legal status of the Treaty of Waitangi, Treatysettlement processes, and options for constitutional change.•Assessment:Final two-hour examination (Plussage: 1 hour test 20%)LAW 131 — Legal MethodCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per week, tutorials — 1 hour per fortnightCoordinator: Stephen PenkPrerequisite: LAW 121G with at least C+ gradeCourse Description:An introductory study of how law is made and applied in New Zealand — an overview of the law-making roles of thelegislative, executive and judicial branches of government; an introduction to case law, including judicial reasoning andthe doctrine of precedent; an introduction to statute law, including the legislative process and techniques of statutoryinterpretation and application; the interaction between case law and legislation. An introduction to legal language andlegal writing.Content Outline:• an introduction to the structure of government and the sources of law• an introduction to case law and the hierarchy of courts• an introduction to judicial reasoning and the doctrine of precedent24 | 2010 Faculty of Law Handbook

• an introduction to statute law including the legislative process and statutory interpretation• an introduction to legal language and legal writing.Assessment:Final two-hour examination (Plussage:Test 20%)Recommended Texts:Morag McDowell and Duncan Webb, The New Zealand Legal System (4th ed 2006)Richard Scragg, The Principles of Legal Method in New Zealand, (2nd ed 2009)Compulsory Courses for LLB IILAW 201 — Criminal LawCredit Points: 30 pointsOffered: Full-yearContact Hours: Lectures — 3 hours per week, tutorials — 8 tutorialsCoordinator: Associate Professor Julia TolmiePrerequisites: LLB Part ICorequisite: LAW 299Course Description:This is an introduction to the principles and practice of the New Zealand criminal law.Content Outline:The purpose of the criminal law and punishment is considered. Doctrines of liability are analysed, including defencesto criminal charges. A wide selection of indictable and summary offences is examined in detail. The chief elements ofcriminal procedure are covered. Apart from the rules concerning burden of proof, no detailed inquiry is made in thecourse into the law of evidence. There will also be an introduction to issues involving Maori in the Criminal Law in NewZealand.Assessment:Final Examination (Plussage: 2 Tests @ 10% each, Essay 10%) Completion of the Tutorial Essay is a course requirement.Prescribed Texts:Simester and Brookbanks, Principles of Criminal Law, 2nd ed, Brookers, 2007Tolmie and Brookbanks, Criminal justice in New Zealand, LexisNexis, 2007LAW 211 — Public LawCredit Points: 30 pointsOffered: Full-yearContact Hours: Lectures — 3 hours per week, tutorials — 8 tutorialsCoordinator: Professor Bruce HarrisPrerequisites: LLB Part ICorequisite: LAW 299Course Description:The principles and workings of the New Zealand constitution; the powers, privileges and immunities of the threebranches of government; the exercise and control of public power; the Maori dimension and the Treaty of Waitangi;the relationship between the individual and the state.2010 Faculty of Law Handbook | 25

Content Outline:1. An introduction to key concepts and principles.2. The Legislative branch: evolution of the law-making power of the New Zealand Parliament, the nature of legislativepower, the concept of parliamentary supremacy, the impact of factors suggesting limits on that supremacy; theinterpretation of enactments in light of individual rights including those affirmed in the New Zealand Bill of RightsAct 1990, the doctrine of parliamentary privilege.3. The Executive branch: an introduction to Cabinet, responsible government and the formation of governments, theconcept of the Crown, the powers of the executive including royal prerogative powers, the role and powers of theGovernor-General. May also include introduction to the Official Information Act 1982, public interest immunity.4. The Judicial branch: source and nature of judicial power, judicial independence, contempt of court, judicial immunity.5. The New Zealand Bill of Rights Act 1990: its basic operation and selected case studies concerning particular rights.6. Introduction to administrative law: legal controls on the power of public bodies and agencies, including theprinciples of natural justice, and delegated legislation.7. The Maori dimension: common law doctrine of aboriginal title, the Treaty of Waitangi, and their implications in thefield of Public Law.Assessment:Final Examination (Plussage: Test 20%, Essay 10%) Completion of the Tutorial Essay is a course requirement.LAW 231 — Law of TortsCredit Points: 30 pointsOffered: Full-yearContact Hours: Lectures — 3 hours per week, tutorials — 8 tutorialsCoordinator: Associate Professor Rosemary TobinPrerequisites: LLB Part ICorequisite: LAW 299Course DescriptionThe law of torts, a private law subject, is part of the law of civil obligations and covers personal wrongs (not includingbreaches of contract) that can be compensated by way of an action for damages. The law is largely to be found indecisions of the court rather than in statute. The most important exception to this in New Zealand is the InjuryPrevention, Rehabilitation and Compensation Act 2001. This Act bars all claims for damages arising directly orindirectly out of personal injury or death where the personal injury is caused by an accident, medical misadventure oran occupational disease. This means that in New Zealand tort actions are generally concerned with loss, such asfinancial damage, that is not personal injury.Content OutlineThere are numerous torts, not all of which can be covered. The emphasis is on those torts that best illustrate thegeneral principles and which arise most frequently in practice.Approximately one half of the course is devoted to the law of negligence. This tort is the principal means by which thelaw provides compensation for loss caused by another’s carelessness. A study is made of the essential features of thetort: the duty of care, breach, issues of causation, foreseeability, remoteness of damage — and then its application inspecific instances is considered.Other torts that are studied include the intentional torts relating to trespass to the person — battery, assault, falseimprisonment and intentional infliction of emotional distress — trespass to goods, trespass to land, nuisance, privacyand defamation.AssessmentFinal Exam (Plussage: Test 20%, Essay 10%) Completion of the Tutorial Essay is a course requirement.26 | 2010 Faculty of Law Handbook

LAW 241 — Law of ContractCredit Points: 30 pointsOffered: Full-yearContact Hours: Lectures — 3 hours per week, tutorials — 8 tutorialsCoordinator: Professor Rick BigwoodPrerequisites: LLB Part ICorequisite: LAW 299Course Description:The general principles of contract law including the formation of contracts at common law, New Zealand contractlegislation, breach of contract, and remedies for breach of contract including damages and specific performance.Content Outline:In the first semester of the course, contract formation issues are analysed in depth. Topics include:• invitations to treat, offer, and acceptance in unilateral and bilateral contracts;• certainty and completeness of contracts;• the doctrine of consideration;• promissory estoppel;• privity of contract (including the Contracts (Privity) Act 1982);• intention to create legal relations;• legal formalities (including the Property Law Act 2007); and• an introduction to the law of agency.In the second semester of the course, topics covered include:• the identification, interpretation and classification of terms of the contract;• misleading and deceptive conduct, including misrepresentation under the Contractual Remedies Act 1979 andmisleading or deceptive conduct under the Fair Trading Act 1986;• mistake (including the Contractual Mistakes Act 1977);• frustration of contracts (including the Frustrated Contracts Act 1944);• illegal contracts (including the Illegal Contracts Act 1970); and• remedies for breach of contract, including cancellation of contracts under the Contractual Remedies Act 1979,equitable relief in the form of specific performance and injunctions, and damages.Assessment:Final Examination (Plussage: First-semester test 10%, Essay 10%, Second-semester test 10%) Completion of the TutorialEssay is a course requirement.Prescribed Text/s:This course has no prescribed text. All that is necessary has been provided in the course materials. Students may,however, wish to confirm their understanding of the principles of contract law by referring to any of the standard textson contract law. Burrows, Finn & Todd, Law of Contract in New Zealand (Butterworths, Wellington, 2002) is the mainNew Zealand text, although other useful texts include those by Chitty, Treitel, and Greig and Davis, all of which areheld on reserve in the Law Library. The Australian Edition of Cheshire and Fifoot’s Law of Contract, which is also heldon reserve, contains some very good discussion on various aspects of the common law of contract. Additional readingsmay be suggested in lectures if required. Reference to a standard text on contract law will be helpful in preparation fortutorials.2010 Faculty of Law Handbook | 27

LAW 299 — Legal Research 1Credit Points: 0Offered: First SemesterContact Hours: Classes — 1 hour per fortnightCoordinator: Davis Law LibraryCourse Description:An introduction to legal research within the New Zealand jurisdiction, including legal language and the structure oflegal information, case law, legislation, secondary materials and the process of undertaking legal research. Emphasisis placed on the practical use of legal materials in both print and electronic format.Content Outline:• Legal information, and legal language. Starting points for legal research.• Case law, including deciphering citations, reported and unreported case law• Legislation, including legislative process, assent and consolidated statutes• Secondary materials, including selection of appropriate information resources, deciphering legal journal citations• The legal research process, referencing, plagiarism and copyrightAssessment:• 100% on-course assessment (50% coursework consisting of 4 worksheets, 4 online modules and tests via CECIL,and 50% final test).• This course is graded as Pass/Fail with a pass mark of 80%.Prescribed TextNew Zealand Law Style GuideRecommended Text:Greville, Margaret, Davidson, Scott and Scragg Richard Legal Research and Writing in New Zealand (3rd ed,LexisNexis, Wellington, 2007).Compulsory Courses for LLB IIILAW 301 — Land LawCredit Points: 20 pointsOffered: Full-yearContact Hours: Lectures — 2 hours per week, tutorials — 1 hour per fortnightCoordinator: Associate Professor David GrinlintonPrerequisites: LAW 201, 211, 231, 241Course Description:This course examines the legal principles relating to real property in New Zealand. The main topics covered include:the nature of “title” to land, estates and interests in land, the physical extent of a landowner’s rights, the effects ofregistration and indefeasibility of title, concurrent ownership, leases, methods of ownership of flats and offices,easements and profits a préndre, covenants, the use of land as security, and Maori land issues including anintroduction to tikanga Maori concepts and customary title claims.Content Outline:The course commences with an examination of the nature of real property rights and interests in land, including thehistorical development of land law and the concept of estates and interests in land. It also explores fundamental28 | 2010 Faculty of Law Handbook

principles of New Zealand land law including a comparison of legal and equitable interests in land, the doctrine oftenure, the physical extent of a landholder’s rights in her or his land, and the concept of “title” in New Zealand. We willcover in some detail the “Torrens” system of registration of title to land. A principal focus of our discussions will be howthe law deals with competition between interests in land. Concurrent ownership is considered in the context ofacquisition, exercise and disposition of estates and interests in land. An examination of leasehold estates and anexamination of methods of flat and office ownership explores further the concepts of estates in land and equitableinterests. Rights or interests in the land of another will also be considered, including easements, covenants andmortgages. As part of the course the key concepts of tikanga (Maori custom), how these concepts relate to land law inNew Zealand, and the impacts of colonisation are explored. The course examines the application of Maori customarytitle, the Te Ture Whenua Maori 1993 (Maori Land Act 1993), and recent legislative developments in the area of Maoriland law.Assessment:Final examination (Plussage: Test 20%, Essay 10%).Completion of one tutorial essay is compulsory.Prescribed Text/s:The prescribed text for the course is G W Hinde, N R Campbell and P Twist, Principles of Real Property Law, (2007,LexisNexis, Wellington).You should purchase the following statutes for the course:• Land Transfer Act 1952 (latest reprint) and any amendments• Property Law Act 2007 (latest reprint) and any amendmentsLAW 306 — EquityCredit Points: 20 pointsOffered: Full-yearContact Hours: Lectures — 2 hours per week, Tutorials — 8 tutorialsCoordinator: Associate Professor Peter Devonshire/Gordon WilliamsPrerequisites: LAW 201, 211, 231, 241Course Description:This course introduces and develops the central principles of equity and its principal remedies. It is largely taughtthrough case law. In order to acquire a fundamental understanding of the subject it is necessary to consider thehistory of equity and its evolution to the present day. The law of trusts is examined in depth. This includes private trustsand charitable (public) trusts. Private trusts are particularly analysed in terms of the requirements for their creation.Considerable emphasis is placed on trusts arising by operation of law and attention is directed to the differentphilosophical approaches that inform these remedies. In addition, this course examines the principles of the law ofsuccession.Content Outline:The course begins with a study of the history of equity and its eventual formalisation. Then attention is turned to thelaw of trusts. The fixed trust is considered in terms of the requirements of certainty of intention, subject matter andobjects. The beneficiary principle and purpose trusts are analysed. Formalities for the creation of certain trusts and thedisposition of property, including incompletely constituted gifts are addressed. This is followed by a discussion of theformal requirements for testamentary dispositions, claims against a deceased’s estate, mutual wills and inter vivosdispositions taking effect on death.The second part of the course considers charitable trusts, remedies and liability for breaches of equitable obligations.2010 Faculty of Law Handbook | 29

This includes resulting trusts, tracing and constructive trusts. The latter includes discussion of the fiduciary principle byreference to the profit and conflict rules. Third party accessory and recipient liability are also reviewed.Assessment:Final examination (Plussage: Test 20%, Essay 10%).Completion of one tutorial essay is compulsory.LAW 316 — JurisprudenceCredit Points: 15 pointsOffered: First and Second SemesterContact Hours: Lectures — 3 hours per week, tutorials — 4 tutorialsCoordinator: Richard EkinsPrerequisites: LAW 201, 211, 231, 241Course Description:This course introduces students to leading work in jurisprudence (also known as legal philosophy or legal theory). Themajor topics to be studied include: the nature of law, the nature of legal reasoning, fundamental legal concepts andMaori jurisprudence.Content Outline:The topics likely to be included in 2010 are:Part 1: The Nature of Law (9 lectures)• The command theory of law• Hart’s rule based theory of law• Methodology in jurisprudence• The natural law theory of lawPart 2: The Nature of Legal Reasoning (9 lectures)• Legal realism• The Hart/Dworkin debate• Parliamentary sovereignty• Legislative intent• Equitable interpretationPart 3: Fundamental legal concepts (9 lectures)• The nature of rights• Hohfeld’s analytic schema• Powers and dutiesPart 4: Maori Jurisprudence (9 lectures)• What is Maori jurisprudence? A brief comparison of fundamental concepts of Maori law with major schools ofWestern jurisprudence.• Construction of the human person and social groupings — concepts of whanau and the position of women.• Matauranga Maori — Maori knowledge and systems of protection — acomparison with intellectual property laws.• Environmental law — a case study of the incorporation of tikanga Maori into New Zealand laws.• Concepts of immigration and citizenship• Maori forms and processes of dispute resolution and criminal justice30 | 2010 Faculty of Law Handbook

Assessment:Final Examination (2 hours). (Plussage: Optional Course Essay (20%), Tutorial Essay (10%). Both the course essay andthe tutorial essay must be completed for plussage.)Prescribed Text/s:None: materials will be distributed at the beginning of class. Anyone wishing to prepare would be well advised tobegin by reading H L A Hart, The Concept of Law (Clarendon Press, 2nd ed, 1994).LAW 399 — Legal Research 2Credit Points: 10Offered: First and Second SemesterContact Hours: Lectures — 2 hours per weekCoordinator: To be advisedPrerequisites: LAW 299, and LAW 201, 211, 231, 241Course Description:An introduction to advanced research skills and multi-jurisdictional legal information sources.Content Outline:• New Zealand Legislation including extrinsic resources, legislative histories, secondary and tertiary legislation• Case Law including NZ historical resources, citators, indexes and digests• Legal Research frameworks for conducting research, research trails• Secondary sources• Research in other common law jurisdictions, UK, Canada, Australia and USA• International law research• Researching in law firms• Self-paced online instruction for major law databases.Assessment:100% on-course assessment comprising:• 2 research exercises, each worth 15% of the final mark or students may use the second research exercise as 30%provided that a mark of at least 40% is attained for the first research exercise• 70% research trail.Note:Students are strongly recommended to link their research trails for this course with the formal writing requirement foran opinion, elective or honours dissertation.Prescribed TextNew Zealand Law Style Guide2010 Faculty of Law Handbook | 31

Compulsory Requirement for LLB III or IVLAW 400/499 — Legal Research 3 — see page 74LAW 458 — Legal EthicsCredit Points: 10 pointsOffered: First and Second SemesterContact Hours: Lectures — 2 hours per weekCoordinator: Dr Tim DarePrerequisites: LAW 201, 211, 231, 241Course Description:This ten-point course has been introduced to fulfill a requirement imposed by the Council for Legal Education (CLE).New Zealand law graduates must obtain a pass in a CLE approved Legal Ethics course, in addition to post-graduateprofessional legal studies, in order to be admitted as a barrister and solicitor of the High Court of New Zealand.Although an elective course for the LLB, students intending to be admitted to the bar are required to take this course.A student, who does not intend to go on to admission to the bar and does not wish to take Legal Ethics, will need totake an additional elective course. Overseas law graduates will generally be required to pass this course prior toadmission in New Zealand.The CLE has stipulated that the course involves teaching (a) the philosophical basis of legal professional ethics; and (b)the practical application of legal professional ethics; that the examination should appropriately test both components;and that at least one problem question is used in the examination to focus on the practical application of professionalethics.Content Outline:(a) A study of legal ethics and professional responsibility including an introduction to ethical analysis which examinesvarious theories of ethics; the applicability of ethical analysis to legal practice; the concept of a profession and theethical and professional duties of practitioners; and the wider responsibilities of lawyers in the community.(b) A consideration of the most significant of the rules set out by the New Zealand Law Society in the Rules ofProfessional Conduct for Barristers and Solicitors (6th ed, 2000 as amended). Major topics include conflicts of interest(including ‘Chinese walls’), rules on confidentiality, duties to the court over and above those owed to one’s client, dutiesof loyalty and fidelity, the ‘cab rank’ rule, and the additional obligations imposed on prosecuting counsel. Issues ofjudicial ethics may also be considered.Assessment:Final Examination (2 hours)Law Elective Courses Available in 2010LAW 401 — Guarantees and IndemnitiesCredit Points: 10 pointsOffered: Second SemesterContact Hours: Lectures — 2 hours per weekLecturer: Michael LenihanPrerequisites: LAW 201, 211, 231, 24132 | 2010 Faculty of Law Handbook

Course Description:An introduction to the law regarding guarantees and indemnities in New Zealand. The course will mainly focus onguarantees, although indemnities will also be covered.Content Outline:Guarantees• What is a guarantee?• The contractual requirements of a guarantee; offer, acceptance, consideration etc.• The formal requirements: s27 of the Property Law Act 2007.• Construction of guarantees by the courts.• Vitiating factors eg undue influence, non-disclosure/misrepresentation and various statutes.• Revocation and discharge.• A commercial context — when are guarantees and indemnities likely to be given?Indemnities• What is an indemnity and what is the difference between it and a guarantee?• Contractual requirements of an indemnity.Assessment:Final two-hour closed book exam.LAW 407 — Advanced Family LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekLecturers: Associate Professor Pauline Tapp/Alison ClelandPrerequisites: LAW 426Course Description:The purpose of the course is to allow students to appreciate the challenges presented to family lawyers and to thelegal system by family conflict, dysfunction and reconstitution. The course begins by examining the difficultiespresented by family law clients and the various aspects of the family lawyer’s role. Mechanisms for family law decisionmaking,including Family Group Conferences, are then analysed, before considering specific areas of law and practice.Content Outline:To understand family law clients’ needs and the family lawyer’s role, topics covered are: the human context of familylaw; family law practice; role of lawyer for child.Decision-making mechanisms in family law that are covered include: family group conferences; mediation and judicialconferences; the parenting hearing programme; and the domestic violence court.Specific areas of policy and practice that will be used to further explore the theme of meeting challenges may include:care and protection; relocation; adoption; and domestic violence.Assessment:1. Each student will be required to complete a practical exercise worth 20% of the final grade. The exercise will be inthe form of a role-play, and the student’s written reflection of the exercise will be assessed.2. Each student must elect to complete one 6000-word assignment worth 80% of the final grade OR write a TakeHome Test worth 80% of the final grade.2010 Faculty of Law Handbook | 33

LAW 409 — Advanced Tax LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Dr Michael LittlewoodPrerequisites: LAW 429Restriction: COMLAW 311Course Description:This course builds on Law 429 (Tax Law) and covers a selection of topics designed to consolidate and add to students’understanding of the theory and practice of taxation, both in New Zealand and elsewhere. The course is comprised ofthree main parts: (1) tax policy; (2) the taxation of companies; and (3) international tax.Content Outline:This course covers some or all of the following topics:1. Aspects of tax policy, examined by reference to the works of important tax theorists; proposals for tax reform;international tax competition; tax history;2. Company taxation; the problem of corporate income; theoretical solutions to the problem; corporate income;imputation; the tax treatment of dividends, liquidations, returns of capital, bonus issues, hybrids and inter-companydividends; withholding obligations; losses; groups; consolidation; amalgamation; qualifying companies; lossattributing qualifying companies;3. International taxation; international tax planning; profit reduction techniques; foreign tax credits; transfer pricing;controlled foreign companies (CFCs); foreign investment funds (FIFs); tax treaties; thin capitalization; conduit relief.Assessment:Final Examination (Plussage 30%) Opinion)Prescribed Text/s:CCH New Zealand Tax Legislation for Students (republished annually) ORThomson Brookers New Zealand Taxation Legislation Handbook (republished annually).CCH New Zealand Master Tax Guide for Students (republished annually) ORClinton Alley and others, New Zealand Taxation (Thomson Brookers, republished annually).LAW 410 — AdvocacyCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 4 hours per weekCoordinator: Simon MountPrerequisite: Law 301, 306Corequisite: LAW 425Course Description:Advocacy is the art of persuasion. This course is a study in effective written advocacy, the skills of courtroom advocacy,and a taste of the traditional skills including cross-examination and jury addresses. It also includes guest lectures fromjudges and leading practitioners, courtroom observation, and an opportunity to compete in the law school’s topmooting competition — the Stout Shield. The class size is limited to 40 students, to enable maximum cooperationamong students and feedback from the lecturer.34 | 2010 Faculty of Law Handbook

The course is especially designed for those with an interest in courtroom advocacy, but will be useful to all lawstudents, whether or not you ultimately practise in the courts.Assessment:100% on-course assessment, including exercises in both written and oral advocacy.LAW 413 — Civil ProcedureCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Judge Roderick Joyce QCPrerequisites: LAW 201, 211, 231, 241Course Description:This course examines the nature and application of procedural (i.e., adjectival) law in New Zealand courts. It covers ina practical but principled way the course of litigation. The course aims to equip those intending to appear in thecourts, or wishing to become familiar with court practice, with all essential procedural tools. Historical background isexplored to the extent that such exploration will help students better understand current rules and practices.Content Outline:This includes the distinction between adjectival and substantive law; the nature and history of the adversarial system;the continental civil law approach; the relationship of law and equity to interlocutory processes; the drafting ofpleadings; service, jurisdiction and venue; parties to proceedings — their joinder and representation; injunctions;discovery and interrogatories; preservation of evidence and litigation subject matter; prevention of asset dissipation;settlement conferences; preparation for trial; trial process; appeals; judgment enforcement.Procedural reforms (including the 1 February 2009 revision of the High Court Rules and the due to come into force on1 November 2009 new District Court Rules and their innovative prescription for the future pursuit of litigation) areexamined and explained. Practical instruction and advice about the effective and economic pursuit of litigation (andhow to cope with litigants in person) is offered.PowerPoint summaries of the course materials and expanded notes are posted on the university’s e-learning site ‘Cecil’as the course progresses.Assessment:Final Examination (Plussage 30% Opinion)LAW 415 — Commercial LawCredit Points: 20 pointsOffered: Second SemesterContact Hours: Lectures — 4 hours per weekCoordinator:Prerequisites: LAW 241 Contract LawCourse Description:There is no single law that can be labeled “commercial law”. There is a large body of common law, such as contract,which is highly relevant but much of what we know as commercial law today is contained in statutes. A prominentexample is the Sale of Goods Act 1908 but with the advent, in particular, of consumerism, a significant number of newstatutes have arisen whose primary purpose is consumer protection. These include, for instance, the Fair Trading Act2010 Faculty of Law Handbook | 35

1986 and the Consumer Guarantees Act 1993. Other legislation has a dual purpose in modernizing the law forbusiness and safe-guarding the interests of consumers. An example of this is the Personal Property Securities Act 1999.It should also be noted that ‘commercial law’ as known to practitioners covers a greater range of common law andstatutes (competition law, company law to name but two). The present course focuses on a small group of, mainlystatute, laws which impact both on consumers and business persons.Content Outline:The following topics are covered in some detail: Sale of Goods Act 1908, Consumer Guarantees Act 1993, Fair TradingAct 1986 and the Personal Property Securities Act 1999.Assessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:None, but students will find that the most useful is: Hawes, Introduction to Commercial Law (2005, LexisNexis)LAW 417 — Company LawCredit Points: 20 pointsOffered:First and Second SemesterContact Hours: Lectures — 4 hours per weekLecturers:Professor Peter Watts, Gordon WilliamsPrerequisites LAW 201, 211, 231, 241Course DescriptionCompanies are the most common and important form of business organisation. Company law is concerned with therules relating to and regulating the formation of companies, the relationships internal to companies (such as relationsbetween shareholders and directors), and the relationships between companies and the outside world.The course does not consider in any detail related topics such as securities regulation, takeovers and mergers, orcompany finance.Content OutlineThe course focuses on the practical, theoretical and historical aspects of company laws. Topics include:• the formation of companies• the concept of legal personality• the idea of limited liability• the organisation of decision-making within companies• the use of corporate constitutions• the making of contracts by companies• the issuing of, and the rights attaching to, shares• the rules regulating dividends and other company distributions• the statutory and common law duties of directors• shareholders’ rights and remedies.AssessmentFinal Examination (Plussage 30% Opinion)Prescribed Text/sA copy of the Companies Act 199336 | 2010 Faculty of Law Handbook

LAW 418 — Comparative LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Dr Georgos MousourakisPrerequisites: LAW 201, 211, 231, 241Course Description:Relationship of the common law system to other contemporary legal systems of the world with particular reference tothe development of civil law on the continent of Europe, the study of indigenous and religious legal systems, and theinternational comparison of individual legal institutions and problems.Content Outline:The first part of the course will consider the scope, aims and functions of comparative law today and introducestudents to the comparative method. We will then proceed to examine the major groupings of the world’s legalsystems and the relationships which exist between them. In this part of the course we will consider in some detail theorigins and historical development of the Civil Law family of legal systems and discuss some of its principalinstitutions. The course will focus, in particular, on the German and French legal systems. These represent the twomost influential Civil Law systems, providing legal models for other nations and influencing the structure and workingsof transnational and international organisations. The course will also examine problems relating to thetransplantability of law and the interaction and convergence of legal systems, with particular focus on the legalsystems of the Asia-Pacific Region, especially Japanese law. Through this study, students will gain skills necessary tosuccessfully navigate,interpret and assess foreign laws and legal institutions, while being aware of the dangers ofuncritically projecting their own assumptions about law onto the legal systems of other countries.Assessment:Final Examination (Plussage 30% Opinion)LAW 419 — Competition LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekLecturer: Matt Sumpter/Kerrin VautierPrerequisites: LAW 201, 211, 231, 241Course Description:LAW 419 will give you a thorough general understanding of New Zealand competition law and policy. The courseexplains the legal and economic principles which underpin and continue to shape competition law here and abroad.Law does not exist in the abstract. It is practised and applied by the legal profession with advice paid for by clients. Tomeet that reality, LAW 419 focuses on how competition law issues are assessed and advised on by lawyers andeconomists, and how the law is actually applied by the Commerce Commission and the Courts.Content Outline:The course has five modules:i. an introduction to competition law;ii. market definition;iii. restrictive trade practices (where the focus is on cartel behaviour, arrangements which substantially lessencompetition, and the misuse of market power through abusive conduct and practices);2010 Faculty of Law Handbook | 37

iv. the regulation of mergers and acquisitions; andv. Commerce Act practice, procedure and litigation.The course will familiarise you with a selection of cases drawn from Australasian jurisprudence and Commerce Commissiondeterminations. We also comparatively assess New Zealand law against the position in the United States and Europe.Assessment:Final (open book) examination (Plussage 30% Opinion)LAW 422 — Company LiquidationsCredit Points: 15 pointsOffered: Summer Semester beginning 7 Jan 2010, ending 4 Feb 2010Contact Hours: Lectures — T, Th 10-12 and 1-3Coordinator: Gordon WilliamsPrerequisites: LAW 201, 211, 231, 241Course Description:Companies are the most common form of business organisations. This course examines the legal process by whichcompanies are placed in liquidation. The aim of the course is to outline the law on corporate liquidations and themechanisms used to give effect to the law and secondly to consider and appraise the current law and new approachesto insolvency.Content Outline:• The precipitation of liquidation proceedings, and examination of the procedures by which a company is placed inliquidation• The function and powers of liquidators• The administration of the liquidation proceedings, including the gathering an distribution of assets• The examination of voidable transaction including preferential transfers, transactions at an undervalue, disclaimerof onerous transactions• Reckless trading by directors• Distribution of assets to creditors• Investigations, examinations and prosecutions• Selected topics in cross-border liquidations.Assessment:Final Examination (Plussage 30% opinion)LAW 423 — CriminologyCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Dr Georgos MousourakisPrerequisites: LAW 201, 211, 231, 241Course Description:The aim of this course is to provide students with a basic knowledge and understanding of the diverse interpretationsregarding the criminal act, the nature of the people who engage in criminal behaviour, the situations and contextswithin which crime takes place and the explanations proposed for the causes and consequences of crime in society.38 | 2010 Faculty of Law Handbook

Content Outline:The course will consider a range of competing theoretical perspectives and their respective views on the causes ofcrime. The course also explores the workings of the criminal justice system and the role and functions of variouscriminal justice institutions and agents. Particular attention is given to the development of institutions which imposepunishment and the institutions which implement it.Assessment:Final Examination (Plussage 30% opinion)LAW 425 — EvidenceCredit Points: 20 pointsOffered: First and Second SemesterContact Hours: Lectures — 4 hours per weekCoordinators: Associate Professor Scott Optican/Peter SankoffPrerequisites: LAW 201, 211, 231, 241Course Description:Evidence can be defined as the means by which any alleged matter of fact, the truth of which is submitted toinvestigation, is established or disproved. The law of evidence comprises the legal rules regulating those means in acourtroom or tribunal setting. In general, there are four principal areas with which the law of evidence is concerned:(i) the kind of evidence which will be accepted by a court or tribunal;(ii) the amount of evidence which will be required by a court or tribunal to prove a case;(iii) the manner in which evidence is presented;(iv) the persons who may or must give evidence.This course examines the legal rules of evidence in New Zealand relating to the four general areas outlined above. Theaim of the class is to give students a basic grounding in significant rules of evidence applicable to civil and/ or criminaltrial practice in New Zealand courts.Content Outline:The evidence course deals with a number of sub-topics grouped into seven general areas:• relevance and prejudice;• the competence and compellability of witnesses;• opinion evidence;• direct examination;• cross-examination;• privilege;• hearsay.Within these general areas, the course examines legal rules dealing with the presentation of evidence by parties incivil and criminal proceedings. Specific topics covered include: definitions of relevance; relevance v weight; theexclusion of evidence as unfairly prejudicial; the capacity and obligation of witnesses to testify at trial; expert and nonexpertopinion evidence; the rule against prior consistent statements; refreshing memory; hostile and unfavourablewitnesses; the rules relating to the direct and cross-examination of complainants in sexual offence trials; the rules ofcross-examination; the rules of privilege (marital communications privilege; doctor-patient privilege; religious clergyprivilege; lawyer-client privilege; the privilege against self-incrimination; the protection of confidential communications;the ‘without prejudice’ rule); and the hearsay rule. The course will closely examine the Evidence Act 2006 and thechanges this has brought to the law of evidence.2010 Faculty of Law Handbook | 39

Assessment:Final examination (Open Book) (Plussage 30% Opinion or Moot)Prescribed Text/s:None — course materials will be distributed. Students must purchase a copy of the Evidence Act 2006 and all relevantrules/amendments. A highly recommended text — which contains a complete copy of the Evidence Act and its relevantrules/amendments — is Mahoney, McDonald, Optican & Tinsley, The Evidence Act 2006: Act & Analysis (Brookers:2007). Recommended additional reading is: (1) the chapter on “Evidence” in Volume 2 of Robertson, Adams onCriminal Law (Brookers, looseleaf, 1992-); (2) the updates on “Evidence” written yearly by Richard Mahoney in the NewZealand Law Review. The New Zealand Law Journal and Capital Letter are also good, current sources of cases andarticles dealing with evidence law.LAW 426 — Family LawCredit Points: 20 pointsOffered: First SemesterContact Hours: Lectures — 4 hours per weekLecturer: Associate Professor Pauline TappPrerequisites: NoneCourse Description:Family Law is statute based. It is the area of private law which establishes the legal status and responsibilities of familymembers to one another and the mechanisms for resolving disputes between them. The public law topic of the careand protection of children also comes under the general heading of Family Law. Care and protection will not bediscussed in Family Law as it will be dealt with in Advanced Family Law.Content Outline:The course will discuss the law and social policies relating to: guardianship, protection, and maintenance of children;the definition of a family; the establishment of parental status; the formation and dissolution of marriage; the financialproblems consequent on the breakdown of relationships; and domestic violence. Note that as there is a separateFamily Property paper the only aspect of Relationship Property that is discussed is s 15 economic disparity.Assessment:100% on-course assessment comprising a take home test, with plussage of 30% from a 4000-word opinion.Prescribed Text/s:There are no prescribed texts. Comprehensive class materials will be provided. The subject is largely governed bystatute law. If you are considering purchasing any statutes then the order of priority is: Family Proceedings Act 1980,Care of Children Act 2004, Status of Children Act 1969 and Status of Children Amendment Act 2004, DomesticViolence Act 1995, Child Support Act 1991.40 | 2010 Faculty of Law Handbook

LAW 427 — Health Care LawCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Associate Professor Joanna ManningPrerequisites: LAW 201, 211, 231, 241Course Description:Health Care Law has grown into a discrete area of specialist study only in approximately the last twenty years. Oncedominated by medical negligence, it now encompasses the study of the principles of law that govern medical practice,the health professional–patient relationship, and the delivery of health care services.Content Outline:The course is likely to include an examination of the following topics, time permitting: an introduction to medical ethicsas an underpinning for legal decision-making in the field, with application to selected recent, relevant cases; a study ofthe Code of Health and Disability Services Consumers Rights, with interpretations of the Code by the Health andDisability Commissioner, disciplinary tribunals and courts. We will look at the law and ethics of rationing of healthcare. The central aspect of the course is a study of the fundamental concepts of competence to decide and consent tomedical treatment, including consent to treatment by or on behalf of children, and the duty of medical confidence, andits limits. Important also is examination of the new jurisdiction of the Health and Disability Commissioner. This isfollowed by a study of the legal issues arising from euthanasia and futile treatment. There may be some change inthese topics to accommodate new legal developments.Assessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:There is no prescribed text for this course, but photocopied materials prepared by the lecturer will be distributed to theclass for reading for lectures, forming the focus of lectures and class discussion.LAW 428 — Immigration and Refugee LawCredit Points 15 pointsOffered Second SemesterContact Hours Lectures — 3 hours per weekCoordinator Rodger Haines QCPrerequisites LAW 201, 211, 231, 241Course DescriptionThis course will cover the basic features of the Immigration Act 1987. Particular emphasis will be placed upon the roleof administrative law in the immigration field. The degree to which it has been successful in regulating the powersconferred by the Act will be examined.The course will also provide an introduction to the law of refugee status and, in particular, to the refugee jurisprudenceof New Zealand which is presently found in the leading decisions of the Refugee Status Appeals Authority. Overseascase law as well as relevant human rights instruments will also be referred to.The split between the two parts of the course is approximately fifty percent for each subject.As the administrative law content of this course is high, it is advisable (but not essential) that students taking thiscourse should have passed or be enrolled in Administrative Law.2010 Faculty of Law Handbook | 41

Content OutlineThe Immigration element of the course aims to address the following topics: International Law Perspective; Sovereigntyand Immigration; Immigration Law and Citizenship; New Zealand Citizens — Section 3; Excluded Persons — Section 7;Exempt Persons; Basic Premise of Immigration Law; Publication of Policy; The Visa Regime; Residence Permits;Revocation of Residence Permits; Temporary Permits; Revocation of Temporary Permits; Judicial Review — ParticularExamples; Expulsion.The Refugee element of the course aims to address the following topics: The Refugee Convention and the ImmigrationAct 1987 — Structure of the Convention — Treaty Interpretation — The elements of the Inclusion clause (Article 1A(2)) —The Exclusion Clauses (Articles 1D, 1E and 1F) — Complementary protection under the Convention against Torture andunder the International Covenant on Civil and Political Rights.AssessmentFinal Examination (Plussage 30% Opinion)LAW 429 — Tax LawCredit Points: 20 pointsOffered: Second SemesterContact Hours: Lectures — 4 hours per weekCoordinator: Dr Michael LittlewoodPrerequisites: LAW 201, 211, 231, 241Course Description:This course is designed to introduce students to New Zealand tax law and practice. The course begins with anintroduction to the theory of taxation. This is followed by an examination of New Zealand’s system of income tax, towhich most of the course is devoted. The course also covers GST (Goods and Services Tax), tax administration and taxdisputes procedures.Content Outline:This course covers some or all of the following topics:1. Aspects of tax theory (examined by reference to the works of a number of important tax theorists, such as AdamSmith and Henry Simons); principles of taxation; the scope of taxation; progressive versus proportional taxation;2. The structure of New Zealand’s system of income tax;3. Residence and source;4. The definition of income; the distinction between income and capital gains; business income; transactions in land;transactions in securities; income in kind;5. Deductions; the distinction between capital and revenue expenditure; the deductibility of interest; losses; businessexpenditure (entertainment, etc); timing;6. Depreciation; depreciation rates; calculating depreciation;7. The taxation of companies and shareholders;8. The taxation of trusts;9. Withholding obligations;10. Tax avoidance; tax evasion; tax planning; general anti-avoidance rules;11. Goods and Services Tax (GST); the structure of New Zealand’s system of GST; zero-rated supplies; exempt supplies;taxpayers’ obligations;12. Tax administration, rulings and disputes.Assessment:Final Examination (Plussage 30% Opinion)42 | 2010 Faculty of Law Handbook

Prescribed Text/s:CCH New Zealand Tax Legislation for Students (republished annually) ORThomson Brookers New Zealand Taxation Legislation Handbook (republished annually)CCH New Zealand Master Tax Guide for Students (republished annually) ORClinton Alley and others, New Zealand Taxation (Thomson Brookers, republished annually).LAW 430 — Employment LawCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Associate Professor Bill HodgePrerequisites: LAW 231, 241Course Description:This course surveys the law of employment in New Zealand.Content Outline:The first part of the course is devoted to an examination of the individual employment agreement at common law andunder the Employment Relations Act 2000.In the second part attention turns to the law relating to trade unions and collective bargaining under the EmploymentRelations Act 2000 and earlier legislation.The final part of the course reviews the statutory framework relating to such topics as:• parental leave• equal employment opportunity• occupational health and safety.Assessment:Final Examination (Plussage 30% Opinion)LAW 432 — Intellectual PropertyCredit Points: 20 pointsOffered: Second SemesterContact Hours: Lectures — 4 hours per weekCoordinator: Paul SumpterPrerequisites: LAW 201, 211, 231, 241Course Description:Intellectual Property law refers to a group of laws which protect intellectual endeavour. Some are statutory. These arethe Trade Marks Act 2002, the Patents Act 1953/2008, the Designs Act 1953, the Copyright Act 1994 and someother legislation, for example the Plant Variety Rights Act 1987. Intellectual property rights which are common lawbased are passing off and breach of confidence (which protects confidential information). The law is heavily influencedby international developments but one aspect, currently topical, has a distinctively New Zealand flavor and that is theright of indigenous peoples, such as Maori, to protect “traditional” knowledge etc.2010 Faculty of Law Handbook | 43

Content Outline:Intellectual property is now such a large body of law that it would be impossible to cover all aspects in a singlesemester. The emphasis is, therefore, on those aspects which both illustrate the general principles and which are mostcommonly encountered in practice.After an initial introductory lecture on the nature of intellectual property, a significant period of time is spent on thelaw of copyright. This is followed by a study of the Trade Marks Act 2002 and the related tort of passing off (includingreference to the Fair Trading Act). There is then some coverage of patent law (and, to a lesser extent, designs). Thecourse concludes with lectures on breach of confidence.Assessment:Final Examination (Plussage 30% Opinion)Prescribed Text:Highly recommended text is Intellectual Property Law: Principles in Practice, P Sumpter, (CCH New Zealand, 2006).LAW 433 — International Environmental LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Professor Klaus BosselmannPrerequisites: NoneCourse Description:The course aims at providing a good introduction to the concepts, principles, customs and treaties of international lawrelating to the protection of the global environment. Municipal (e.g. New Zealand) law is increasingly influenced byinternational law, and international law is influenced by concepts originating from national experiences. As theenvironment knows no boundaries, international environmental law can be perceived as ‘transnational law’ closing thegap between municipal law and traditional international law.Content Outline:Part one of the course covers general issues: Factual, political and ethical issues surrounding global issues particularlythe environment. History and concept of Public International Law including state sovereignty and treaty-makingprocess. Principles and guiding ideas of International Environmental Law. Trends and emerging issues since the 1992Earth Summit and the 2002 World Summit on Sustainable Development.Part two covers specific areas of international environmental law. The international regime of climate protectionincluding implementation of the Kyoto Protocol. The international regime of biodiversity protection and implementationin domestic (NZ) law. The concept of (indigenous) self-determination and the environment. The relationship betweenhuman rights and the environment. The tensions between legal regimes on trade and the environment. Concept andethics of sustainable development. The new area of sustainable development law (integrating social, economic andenvironmental law).Assessment:Final Examination (Plussage 30% Opinion)Prescribed Text:Klaus Bosselmann and David Grinlinton (eds.), Environmental Law for Sustainable Society, NZCEL Monograph SeriesVol.1 (2002); reprinted 2006.44 | 2010 Faculty of Law Handbook

LAW 435 — Public International LawCredit Points: 20 pointsOffered: First SemesterContact Hours: Lectures — 4 hours per weekCoordinator: Treasa DunworthPrerequisites: LAW 201, 211, 231, 241Course Description:Public International law is that body of law that attempts to regulate the behaviour of states. The aim of this course isprovide an introduction to the basic principles underpinning the international legal system and to examine the sourcesof the legal rules and principles. Throughout the course, contemporary examples (such as the on-going conflict in Iraq,the work of the International Criminal Court and the proposed reforms of the United Nations) are studied to illustratethe development or existence of particular rules and principles.Content Outline:Topics include: an overview of the current legal framework, the sources of international law, the role of the UnitedNations, the relationship between international law and New Zealand law, the law of treaties, issues of jurisdiction andimmunity, personality at international law, state responsibility, international dispute resolution and the regulation ofthe use of force.Assessment:Final Examination (Plussage 30% Opinion)LAW 437 — Women and the LawCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Associate Professor Julia TolmiePrerequisites: LAW 201, 211, 231, 241Course Description:A study of the dual role of law in addressing and maintaining gender inequality, feminist thought on the genderednature of law, and specific legal issues relevant to the status and interests of women in society.Content Outline:The course will provide an introduction to and overview of general feminist legal theory. Liberal feminism, radicalfeminism, post-modern feminism and ‘anti-essentialist’ (including indigenous and Maori) feminism will all be examinedas they impact upon the practice and theorising of the law.Key guest speakers will also be invited to speak on topical issues pertaining to women and the law at different criticaljunctures in the course.Assessment:To be advised.Prescribed Text:Graycar, H & Morgan, J, The Hidden Gender of Law (2nd ed), The Federation Press, 20022010 Faculty of Law Handbook | 45

LAW 438 — Law & Information TechnologyCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Judge David HarveyPrerequisites: LAW 201, 211, 231, 241Course Description:The essence of this course is to study and develop an understanding of the impact of, and the way in which the lawdeals with new information technologies. A selection of areas will be covered where issues arise such as:• computer crimes• evidence• jurisdiction• intellectual property• tort, defamation, cyber-trespass and cyberproperty• e-commerce and contract• internet regulation and domain name disputes• privacy issuesThe course will include the application of information technology to the practice of law and legal research, including:• electronic research• hypertext systems• technology use in Court• Video-conferencingThese topics will be considered in the context of the Internet and computer based information systems.Content Outline:This course will be conducted in a slightly different style from other courses. It will use many of the norms of the on-lineor digital environment. It will introduce students to the informational environment and its unique properties so thatthey will understand not only the legal issues but also the technical and social issues that surround or underlie them. Itwill suggest that some of our assumptions about the applicability of the law may be challenged by the properties ofon-line or digital information.. Access to a computer and an internet connection is assumed.The course assumes a basic knowledge of core law subjects. It is helpful if students are also familiar with principles ofevidence, jurisdiction and intellectual property all of which will be examined in the context of new communicationstechnologiesAssessment:Final Examination (2hrs) 100%Prescribed Text/s:Harvey, D “internet.law.nz — Selected Issues” (2nd ed) Wellington; LexisNexis; 200346 | 2010 Faculty of Law Handbook

LAW 439 — Youth JusticeCredit Points: 10 pointsOffered: Second SemesterContact Hours: Lectures — 2 hours per weekLecturers: Alison Cleland and Khylee QuinceCourse Description:The purpose of this course is to allow students to explore Aotearoa/New Zealand’s unique youth justice system. Thecourse considers how Aotearoa/NZ society and its laws respond to young people who commit offences. Varioustheories of youth justice are considered, before looking in detail at the restorative justice model used in the YouthCourt and family group conferencing (FGC). Students will have a chance to hear from Youth Court personnel and toexamine the practices used. After placing Aotearoa/New Zealand’s system in the context of international obligations,including the United Nations Convention on the Rights of the Child (UNCRC), the course concludes by consideringdetention, restitution and “what works” in youth justice.Content Outline:There are five topics covered in the course:1. Constructing youth: who are the young people in trouble with the law? How does society respond to them?2. Theories of youth justice: there are different ways that the law can respond when young people commit crimes.It can lock them up. It can see the actions as “just a phase” and let them grow out of it. It can call them to accountfor what they have done. The principal theories of youth justice will be considered.3. NZ’s youth justice system: the operation of the Youth Court and its personnel and of FGCs, will be examined indetail.4. International standards: international law sets standards for youth justice systems that are relevant inAotearoa/NZ. The extent to which the system complies with these standards will be analysed.5. Prevention and rehabilitation: detention and direct programmes that work with young offenders will beconsidered, to assess their impact on re-offending.Assessment:1. Each student will complete a practical exercise worth 20% of the final grade;2. Each student must elect to complete one assessment worth 80% of the final grade OR write a take-home testworth 80% of the final grade.Prescribed Text/sNoneLAW 440 — Judicial ReviewCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekLecturer: Hanna WilbergPrerequisites: LAW 211Restriction: LAW 402Course Description:This course covers the general principles of judicial review of administrative action. It is designed to reinforce students’understanding of the basic features of judicial review studied in Public Law; to give students a much more detailedunderstanding of the availability of review, the grounds of review, and the remedies available; and to introduce thetheoretical underpinnings of judicial review and the debates surrounding the appropriate scope of judicial review.2010 Faculty of Law Handbook | 47

The course is a shorter version of the Administrative Law course offered in other years (which has also tended to focuson judicial review).Content Outline:This course will address the following:• the theoretical underpinnings of judicial review;• the availability of judicial review and justiciability;• the traditional grounds of review: procedural impropriety, illegality, irrationality;• the development of substantive merits review;• remedies and other procedural matters.Assessment:35% test35% take-home test30% essay on choice of set topics: either 1600 words and based on course materials (counts only towards coursegrade) or 3000 words and based on further research (to qualify as an opinion for LAW400)LAW 444 — Maori Land LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Dr Nin TomasCorequisite: LAW 301 Land LawCourse Description:The main emphasis of this course is to help students develop their understanding of tikanga Maori (Maori custom law)and how Maori principles are currently being used to support legal claims to natural resources in NZ courts. It focuseson the relationship of Maori hapu and iwi as tangata whenua to the natural resources that fall within their respectiveterritories.The course includes an examination of the relationship between tikanga and various statutes including the ResourceManagement Act 1991, the Local Government Act 2003, and statutes affecting rating. It covers the incorporation oftikanga into theMaori Land Act 1993 (Te Ture Whenua Maori Act) and the protections this Act offers to Maori landand landowners today. It also looks at the expandingjurisdiction of the Maori Land Court to include new issues such asmandate andrepresentation resulting from the return of resources to Maori as part of the Treatyclaims settlementprocess .The course is taught in seminar fashion with an emphasis on student participation and modern applications oftikanga. Knowledge of tikanga Maori is not essential.Content Outline:The course begins with traditional Maori concepts and their implementation as jural principles in modern legaldiscourse. It then looks at the incorporation of these principles into law via statute and the different approaches of thegeneral courts and the Maori Land Court when balancing Maori custom law principles and western legal principles.Finally, the course covers the protections offered and the obligations imposed by Te Ture Whenua Maori Act on ownersof Maori land.Assessment:100% on-course assessed (90% take-home test, 10% class participation).48 | 2010 Faculty of Law Handbook

Prescribed Text/s:Barlow, Tikanga WhakaaroBrookers, Maori Land LawFirth, Economics of the NZ MaoriTe Ture Whenua Maori Act 1993LAW 445 — Law of Family PropertyCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekLecturer: Associate Professor Pauline TappPrerequisites: LAW 201, 211, 231, 241Course Description:Analysis of the issues which arise in the interpretation and application of the Property (Relationships) Act 1976. NotePart 8 of the Act is not considered.Assessment:100% on-course assessment comprising a take home test with plussage of 30% from a 3000-word opinion.Recommended Text:There is no prescribed text. Course material will be handed out. Students, should have a copy of the Property(Relationships) Act 1976.LAW 446 — Mining and Natural Resources LawCredit Points: 15 pointsOffered: Summer Semester — beginning 6 January 2010Contact Hours: M, W, Th 10am — 12noonCoordinator: Associate Professor David GrinlintonPrerequisites: LAW 201, 211, 231, 241Corequisite: LAW 301Course Description:This course examines the common law principles, legislation and administrative controls in New Zealand relating toownership of, prospecting for, extraction and utilization of minerals (including oil and gas), renewable energy resources,forestry and fisheries resources. The course is taught from a property law perspective and examines the nature ofproperty rights in minerals, energy and other natural resources, and the effect of environmental and resourcemanagement legislation on those rights and interests. The course also examines the influences of internationalobligations and agreements and domestic government policy on natural resource development.Content Outline:The course will cover the following topics:• introduction to geological and engineering aspects of mineral location and extraction;• introduction to forestry and fisheries harvesting methods;• history of mining and natural resources law in NZ;• the role of government in the extraction and use of natural resources including Treaty of Waitangi issues;• resource allocation and planning under the Crown Minerals Act 1991, Fisheries Act 1996 and Forests Act 1949 (asamended);2010 Faculty of Law Handbook | 49

•••••ancillary rights necessary for extraction and downstream processing;planning and environmental issues including local government consents under the Resource Management Act1991,environmental impact assessment,ongoing resource management, and rehabilitation;international and comparative aspects of mineral and energy use including the renewable energy resources ofhydro-electricity, geothermal energy, solar energy, tidal and wind power.Assessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:Materials will be handed out during the course.Recommended Texts:Harris (ed), Handbook of Environmental Law (2nd ed, RF&BPS, 2004), esp. chapters 7 (The law and freshwater);8 (Legislation covering coastal and marine areas); 9 (The law and forestry); and 10 (the law and mining)Nolan (ed), Environmental and Resource Management Law (3rd ed, LexisNexis, 2005), chapters 6 (Forests, trees andnative plants) and 7 (Mining & petroleum)LAW 447 — Dispute ResolutionCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Nina KhouriPrerequisites: This is a limited entry course.Course Description:Conflict is a natural part of human interaction and provides opportunities for change, growth and creativity. When notmanaged effectively, however, disputes arise, resulting in wasted time and money, damaged relationships and lostopportunities. Traditionally, disputes were litigated. Today lawyers must take a more strategic approach to disputeresolution. Over recent decades there has been exponential growth in the use of negotiation, mediation and otherdispute resolution processes both in New Zealand and internationally. This course addresses the legal framework andtheoretical aspects of dispute resolution, primarily negotiation and mediation, together with experiential learningthrough role play exercises, student group presentations and self-reflection.Content Outline:Introduction and overview: key dispute resolution processes commonly used in New Zealand and the advantagesand disadvantages of each. Negotiation theory and practice: different approaches to negotiation, including gametheory, co-operative, competitive and principled negotiation; strategies and tactics, including how to prepare fornegotiation, role plays and critical reflection. Conflict and communication: conflict and its causes; behaviour inconflict situations; the components of effective communication, including body language and active listening.Mediation: the mediation process; assessing suitability for mediation; legal framework issues, including enforceabilityof mediation agreements and remedies for breach, settlement agreements, privilege and confidentiality; effectiveclient representation in mediation; online mediation. Student group presentations: specific aspects of disputeresolution such as gender, cultural and ethical issues in negotiation, power issues in mediation, statutory mediationand restorative justice.50 | 2010 Faculty of Law Handbook

A theoretical analysis of a particular area of dispute resolution is required for the research essay. Attendance iscompulsory, as is a willingness to engage in discussion and class exercises. Less than 90% attendance will result in afail mark.Assessment:No Final Examination. Assessment consists of a research essay of 4,000 words (50%), a reflective report on thenegotiation exercises of 1200 words (15%), student group presentations (25%), and class participation (10%).LAW 448 — Psychiatry and the LawCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures 3 hours per weekCoordinator: Professor Warren BrookbanksPrerequisites: NoneCourse Description:This course will consider the formal relationship between psychiatry and law. It will involve an examination of law andpractice in the area of civil committal and will also examine a number of issues in forensic psychiatry. The course willdeal with civil commitment, examine the process of committal, legal standards of mental disorder, informed consent,patients rights and the review process. In addition, issues around forensic psychiatry will be considered. The focus willbe on those groups of mentally impaired offenders, known generally as “special patients” and “special care recipients”in New Zealand. This will include examination of legal insanity, fitness to plead, the use of expert evidence and thesentencing of mentally impaired offenders. In addition broader issues concerning psychiatry and ethics, therelationship between lawyers and psychiatrists, the impact of international human rights law and therapeuticjurisprudence may be discussed.Content Outline:The course is divided into four parts dealing with introductory issues, compulsory assessment and treatment, forensicissues and related issues in psychiatry and law respectively. The lectures are a combination of formal lecturing,consideration of problem scenarios and the occasional guest lecture.Assessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:Bell & Brookbanks, Mental Health Law in New Zealand 2nd edBrookbanks and Simpson, Psychiatry and the Law (2007)Psychiatry & the Law Course Materials2010 Faculty of Law Handbook | 51

LAW 450 — Resource Management LawCredit Points: 20 pointsOffered: First SemesterContact Hours: Lectures — 4 hours per weekCoordinator: Associate Professor Ken PalmerPrerequisites: NoneCourse Description:The course focuses on the Resource Management Act 1991 and its major regulatory powers and procedures. Thepurpose of sustainable management will be assessed in the context of New Zealand environmental issues, policy andlaw, and the historical justification for planning controls. The regulatory powers of central and local government, andthe position of Maori will be addressed. Resource management issues under regional and district plans, resourceconsent applications, and matters of practice and procedure before the Environment Court will be covered. The coursemay include some guest lectures.Content Outline:Contemporary New Zealand environmental issues, Environmental policy and law; historical background, The ResourceManagement Act 1991; Sustainable management, concept and meaning, Obligations of central and localgovernment, Maori and resource management, National and coastal policy statements, Regional and district planpreparation and content, heritage and public works, Resource consents, hearing procedures, appeals, Enforcement;hazardous substances; mining, Other environmental legislation.Assessment:Final Examination (30% optional research essay)Prescribed Text/s:Environmental law casebook (Law School)LAW 451 — RestitutionCredit Points: 20 pointsOffered: Second SemesterContact Hours: Lectures — 4 hours per weekCoordinator: Professor Peter WattsPrerequisites: LAW 231, 241, 306Course Description:The Law of Restitution is principally concerned with claims to recover the value of assets, and the value of skill andlabour, conferred by the claimant on the defendant, in circumstances where there is just reason to reverse the transfer.The concept of unjust enrichment as a basis for the subject is analyzed, as is that concept’s role in stripping profitsobtained by wrongdoing (such as commissions of torts, breaches of contract, breaches of equitable obligation).Content Outline:PART A: INTRODUCTION AND GENERAL PRINCIPLESSome Preliminary Questions:• What is the Law of Restitution?• What is Unjust Enrichment?• How does Restitution fit in with other subjects in the curriculum?Unjust Enrichment: The controversy — a general principle, an analytical tool, or a misleading label?52 | 2010 Faculty of Law Handbook

The Elements of Unjust Enrichment:• An enrichment• Obtained at the plaintiff’s expense (subtractive and remedial restitution);• Unjustly received or retained by the defendant (the two approaches to unjustness)Restitution without enrichment• A property principle and a services principle• History and development of the subject• Modern judicial viewsProprietary remedies and restitutionary claims• When does property pass?• When will Equity help it be recovered: the constructive trustPART B: SUBSTANTIVE RESTITUTIONARY CLAIMS AND DEFENCESRestitution, Tort and other Wrongs: Waiver of Tort• Recovery of value transferred• Stripping of profits made from torts and other wrongsRestitution and Contract:• Recovery of money for non-performance or voidness of contract• Recovery of money paid as a result of a misrepresentation• Recovery for services performed• Profit-stripping for breach of contract• Restitution for the party in breachBenefits Acquired by Duress• Actual or Threatened Violence to the Person and Duress by Imprisonment• Duress of Property• Threats of Court Proceedings, and Blackmail• Duress “colore officii”: Restitution from public authorities• Economic DuressUndue Influence and Unconscionable BargainsMistakenly conferred benefitsDefences to restitutionary claimsAssessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:None, but see:Peter Birks, Unjust Enrichment (2nd ed, 2005)Andrew Burrows, The Law of Restitution (2nd ed)2010 Faculty of Law Handbook | 53

LAW 455 — Islamic LawCredit Points: 10 pointsOffered: Second SemesterContact Hours: Lectures — 2 hours per weekCoordinator: Mohsen al AttarPrerequisites: No prerequisitesCourse Description:Islamic law is a global legal system with similarities and differences to other such systems. It has developed overcenturies in the context of Muslim societies. Unlike common law, Islamic legal norms derive primarily from religioussources — the Qur’an and the prophetic traditions. In this course, we will seek to acquire a deeper understanding ofthese norms as well as to answer several fundamental questions that legal systems — of all types — must contend with;in this instance, however, from within the Islamic legal tradition.Content Outline:This paper will introduce students to the history and theory of Islamic law. We will begin by exploring the sources ofIslamic legal systems with a view to gaining insight into the complex methods of legal reasoning developed by Muslimjurists over many centuries. We will then move to contemporary times and consider the place of Islamic law in themodern nation-state setting and in our increasingly pluralistic world. Topics of examination will include the relationshipbetween Islamic law and gender, economics, public interest, human rights, and warfare. Throughout the paper, we willadopt a comparative approach in our analysis, one intended to encourage an examination of the similarities anddifferences between common law and Islamic law. By juxtaposing both systems, we will develop a betterunderstanding of each one and, in turn, of their respective societies.Assessment:This course will be internally assessed. Details of the assessment will provided at the commencement of the course.LAW 456 — Supervised ResearchCredit Points: 15 pointsOffered: First and Second Semester with approval of Associate Dean (Student Administration)A 10,000-word research paper, approved by the Associate Dean (Student Administration), written under thesupervision of a teacher in the Faculty of Law. Only students who have already shown research capability will be givenpermission to do a supervised research paper.Students who wish to write a research paper should first think of a topic and then consult a staff member to supervisethe research paper. There is an application form, available from the Law Faculty Office. The form should be completed,and handed back to the Faculty Office for the approval of the lecturer and the Associate Dean (Student Administration).Approval for Supervised Research Papers must be obtained by the end of the second week of each semester. Studentsshould note that the Supervised Research Paper does NOT count as an opinion credit for LAW 499.Supervised Research papers are not available during the summer semester.Supervised Research papers are due on the Friday of the last week of teaching of the semester in which the enrolmenttakes place.54 | 2010 Faculty of Law Handbook

LAW 457 — Environmental Law for Non-lawyersCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinators: Professor Klaus BosselmannAssoc Professor Ken PalmerPrerequisites: NoneRestriction: LAW 450Course Description:This course is not available as an elective for the LLB. It is intended as an elective for non-law students. Thecourse will comprise the following topics: Contemporary international and New Zealand environmental issues, policyand law; obligations of central and local government under the Resource Management Act 1991. Specific mattersinclude national policy and standards, regional and district plans, resource consents; Maori culture; practice andEnvironment Court procedure. The course will include a written exercise relating to an environmental or resourcemanagement subject.Content Outline:International environmental law and implications for New Zealand;Conventions, climate change, emissions tradingNZ environmental policy and law; obligations of central and local government under the Resource Management Act1991;sustainable management concept and meaningMaori and resource managementnational policy statements, the NZ coastal policy statement,national environmental standardsregional and district plan preparation and content, heritage and worksresource consents and hearing procedures,enforcement; hazardous substances; mining.Other environmental legislation.Assessment:Final Examination (20% Compulsory assignment)Prescribed Text/s:Environmental law casebook (Law School)2010 Faculty of Law Handbook | 55

LAW 459 — Maritime LawCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Associate Professor Paul MyburghPrerequisites: LAW 201, 211, 231, 241Course Description:An introduction to shipping lawContent Outline:Topics covered may include: ownership and proprietary interests in ships, ship registration, charter parties, shipmortgages, shipboard crimes and torts, the law of collisions, salvage and wrecks, the admiralty jurisdiction,enforcement of maritime liens and other maritime claims, national shipping law and policy, the internationalregulatory framework, and conflict of laws issues applicable to maritime disputes.Assessment:Final Examination (Plussage 30% Opinion)LAW 460 — Advanced Employment LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Associate Professor Bill HodgePrerequisites: LAW 231 Torts, LAW 241 Contract Law, LAW 430Course Description:Advanced study of both collective and individual aspects of employment law. Analysis of comparative topics inoverseas jurisdictions.Content Outline:The first part of the course will consist of a brief survey of individual employment rights at common law and by statutein New Zealand followed by a review of collective obligations and rights under the Employment Relations Act 2000.The second part of the course will consist of in-depth analysis of topics in New Zealand employment law, including:• Whether s103A requires the employment institutions to go behind the Hale decision of the Court of Appeal;• The parties’ obligation to supply economic information under s34;• The Employment Court’s ability to judge, objectively, the subjective quality of good faith in collective bargaining.The third part of the course will consist of analysis of comparative topics in overseas jurisdictions, including:• Australian personal grievance law, including the difference between unlawful and unfair dismissal;• Developments in the law of good faith in collective bargaining in the US;• Aspects of employment law in the EU including ‘Acquired Rights’ and non-coverage of small employers.Assessment:Final Examination (Plussage 30% Opinion)56 | 2010 Faculty of Law Handbook

LAW 466 — Public Authority LiabilityCredit Points: 10 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per week, from 9 August to 13 October onlyLecturers: Hanna WilbergPrerequisites: LAW 211, 231Course Description:This course concerns the monetary liability of public authorities. Public authorities frequently cause loss to privateindividuals or entities by their decisions, or fail to use their powers to protect private individuals or entities againstharm. Often that is entirely lawful and proper (e.g. imposition of taxes, proper lawful denials of licences or decisionsnot to provide treatment or funding), but sometimes it results from unlawful or otherwise potentially wrongful decisionsor conduct. While public law controls on the legality on the exercise of public powers are well developed and largelywell understood, monetary liability to compensate persons or entities for losses caused or not prevented by publicauthorities is both much more limited and much less well settled.This course explores the various public and private law bases for monetary liability of public authorities or the Crown,and the debates surrounding this issue. This is of both practical and theoretical interest at a time when such liability isexpanding in many jurisdictions. In addition, it provides an opportunity to explore the uncertain interface betweenprivate and public law.Content Outline:Topics likely to be covered include:• Ordinary tort liability and its limits, including special immunities• Administrative Law damages• Misfeasance in public office• Bill of Rights Compensation• Issues in Negligence liability of public authorities: liability for omissions or failure to protect; the problem with publicauthority discretion; policy considerations• French liability for lawfully caused loss.Further topics that will be covered along the way include:• Non-judicial avenues of redress, such as ex gratia payments (and the role of Ombudsman), compensation schemes• Arguments and theories for and against special immunities / special liability for public authorities.Assessment:5% written response to readings assigned for class discussion5% contributions to online discussion90% final essay or opinion on a choice of set topics (3000 words)2010 Faculty of Law Handbook | 57

LAW 467 — Counterterrorism Law and PolicyCredit Points: 10 pointsOffered: Second SemesterContact Hours: Lectures — 2 hours per weekCoordinator: John IpPrerequisites: LAW 201, 211, 231, 241Course Description:Counterterrorism Law and Policy is concerned with the legal issues arising out of the “global war on terror”. The aim ofthis course is to provide students with an overview of the law relevant to counterterrorism, and to enable them toevaluate critically the post-9/11 counterterrorism legislation and policies of various states.Knowledge of the law of armed conflict, criminal procedure, and human rights law would be beneficial (but notessential) for this course.Content Outline:Topics may include: the different paradigms for dealing with emergencies; the experience of democracies withemergencies; the difficulties of defining “terrorism”; the detention of “enemy combatants” and terrorist suspects;ethnic/racial profiling; coercive interrogation, torture, and extraordinary rendition; the targeted killing of terroristsuspects; the designation of terrorist organisations; and criminalising the incitement and encouragement of terrorism.Assessment:100% on-course assessment by way of a research paper and class participation. Details to be advised by lecturer.LAW 471 — Law of Personal PropertyCredit Points: 10 pointsSemester: First SemesterContact Hours: Lectures — 2 hours per weekCoordinator: Associate Professor Peter DevonshirePrerequisites: LAW 201, 211, 231, 241Course DescriptionThis course introduces the concepts and legal rights associated with personal property. Personal property interests areidentified and contrasted with real property. Attention is directed to the implications of possession and the rights andcompeting claims that flow from this. The principal elements of the law of bailment are analysed. Other topics includesecurity over personal property and the transfer and acquisition of personal property.Content OutlinePersonal property is defined and classified. It is contrasted with real property with particular reference to the chattelsfixturesdistinction. Different forms of possession are discussed and possessory interests are specifically considered inthe context of the law of finds.Bailment is addressed in detail. The nature of bailment and its distinct features are identified. Gratuitous bailmentsand bailments for reward are distinguished. Particular emphasis is placed on the rights and obligations of bailor andbailee and the relevant standard of care for the latter. Modifications of the bailee’s duty, vicarious liability and subbailmentare also studied.58 | 2010 Faculty of Law Handbook

Attention then turns to security over personal property, including the Personal Property Securities Act 1999. Finally, thetransfer and acquisition of personal property is considered including the disposition of gifts, assignments and transferson death.AssessmentOne compulsory test (100%)LAW 473 — Law of Armed ConflictCredit Points: 10 pointsOffered: First SemesterContact Hours: Lectures — 2 hours per weekCoordinator: Treasa DunworthPrerequisites: LAW 201, 211, 231, 241Corequisite: LAW 435Course Description:The Law of Armed Conflict (sometimes referred to as International Humanitarian Law or the Laws of War) is concernedwith the legal rules governing the conduct of hostilities. This aim of this course is to provide students with an overviewof those rules and to critically examine their development and operation in historical and contemporary settings.Throughout the course, we will draw on a series of case studies (such as the treatment of prisoners in Iraq, the use ofdepleted uranium, the status of UN peacekeepers) to illustrate the issues arising. In this way, students will be able tocritically assess the contemporary law of armed conflict.Content Outline:Topics include: historical overview of the development of the law of armed conflict; detailed consideration of the coretreaties and their provisions (eg the definition of combatant, principle of distinction, rules about targeting); the statusof UN peace operations and implementation and enforcement aspects of this body of law.Assessment:100% on-course assessment: 2 compulsory tests worth 50% each.LAW 474 — Privacy LawCredit Points: 10 pointsOffered: First SemesterContact Hours: Lectures — 2 hours per weekLecturer: Stephen PenkPrerequisites: LAW 201, 211, 231, 241Course Description:An examination of the law relating to privacy in New Zealand with special reference to the common law protection ofprivacy; the protection of privacy under the Broadcasting Act 1989, and the scope and application of the Privacy Act1993.Content Outline:• The concept of ‘privacy’• Privacy and related interests; competing interests• Sources of privacy law• Key privacy issues• The tort of invasion of privacy and other possible common law remedies — Recent developments in New Zealandand comparable jurisdictions2010 Faculty of Law Handbook | 59

• Related torts• Statutory protection of aspects of privacy in New Zealand• International privacy developments of relevance to New Zealand Privacy law• The Privacy Act 1993 — scope and application• Codes of practice• Protection of privacy under the Broadcasting Act 1989• New Zealand Bill of Rights Act 1990 — extent of recognition of privacy interests• Selected applications (including privacy in employment; surveillance; privacy of health information; privacy, publicityand the media; data matching; transborder data flows)Assessment:Final two-hour (open book) examinationLAW 475 — European Commercial LitigationCredit Points: 10 pointsOffered: Second SemesterContact Hours: Lectures — 2 hours per weekLecturers: Christopher Hare and Dr Elsabe SchoemanPre-requisites: LAW 231, 241Course Description:The course involves a study of jurisdiction, choice of law, and the recognition and enforcement of judgments in crossbordercommercial litigation within the European Union. The course will deal with specific European UnionRegulations, such as the Brussels I Regulation (jurisdiction in “civil and commercial matters”), the Rome I Regulation(choice of law for contractual obligations) and the Rome II Regulations (choice of law for non-contractual obligations).Although the course is closely related to the Conflict of Laws course, that course is not a pre-requisite (although someprior knowledge of the conflict of laws would be helpful). The course is designed for those who are intending to spendtime involved in commercial litigation anywhere in the European Union and those who may become involved ininternational commercial disputes in New Zealand.Content Outline:The course will study the text of the Brussels I, Rome I and Rome II Regulations and the case law related thereto.Assessment:Final Exam (Plussage 30% Opinion).Prescribed Text/s:Reference to the following texts held by the library may prove useful for the course: Briggs & Rees, Civil Jurisdictionand Judgments (4th ed, 2005); Dicey, Morris & Collins, The Conflict of Laws (14th ed, 2006); Cheshire, North &Fawcett, Private International Law (14th ed, 2008); Bogdan Concise Introduction to EU Private InternationalLaw (2006).60 | 2010 Faculty of Law Handbook

LAW 476 — International Sales and FinanceCredit Points: 20 pointsOffered: Second SemesterContact Hours: Lectures — 4 hours per weekCoordinator: Associate Professor Paul Myburgh and Chris HarePrerequisites: LAW 201, 211, 231, 241Course Description:This course provides a basic introduction to the study of the law of international sales and trade financing.Content Outline:Part I of the course is concerned with international sale of goods issues, which may include:• The impact of international conventions and transnational model laws or uniform principles on international saleslaw• The relationship between international law and domestic law relating to sales transactions• Jurisdiction, choice of law, and cross-border litigation issues which may arise in the context of international salestransactionsPart II of the course is concerned with trade financing. Topics may include:• The use of abstract payment undertakings such as documentary credits and performance bonds• Other methods of trade finance• The use of electronic documents in international trade finance• Conflicts issues in trade financingAssessment:Final Examination (Plussage 30% Opinion)LAW 477 — Conflict of LawsCredit Points: 20 pointsOffered: First SemesterContact Hours: Lectures — 4 hours per weekCoordinator: Dr Elsabe SchoemanPrerequisites: LAW 201, 211, 231, 241Course Description:An introduction to private international law (ie the body of law dealing with civil and commercial issues that have aninternational element or aspect), including a study of the jurisdiction of the New Zealand courts, conflicts theory andchoice of law.Content Outline:The first section of the course covers the general principles of jurisdiction in transnational litigation, focusingspecifically on the bases of jurisdiction, protest to jurisdiction, limitations on jurisdiction, as well as forum nonconvenience and the recognition and enforcement of judgments.The second part of the course deals with choice of law. This section of the course comprises an introduction to choiceof law methodology (with specific emphasis on multilateral conflict rules), as well as an analysis of problems associatedwith conflicts methodology, such as characterisation, the interpretation of connecting factors (with an in-depthdiscussion of domicile), renvoi, the incidental question and intertemporal conflicts. This theoretical section forms thebasis for an intensive study of the application of choice of law rules in specific areas of private international law, eg2010 Faculty of Law Handbook | 61

property, contract and tort. This section also includes a discussion of evidential and procedural matters with specificreference to the substance/procedure dichotomy (as it applies to statutes of limitation and ACC) and proof of foreignlaw in New Zealand courts. The section concludes with a brief analysis of mandatory statutes and the role of publicpolicy of the forum.Assessment:Final Examination (Plussage 30% Opinion)LAW 480 — Law and PolicyCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Professor Jane KelseyPrerequisites: LAW 201, 211, 231, 241Course Description:Being able to understand and critically analyse policies and the policy making process is an increasingly importantpart of legal work, whether in law firms, consultancies, local and central government, companies, iwi, unions orcommunity organisations. This course aims to develop those skills by providing a conceptual framework within whichto view policy, an understanding of the legal and institutional settings for policy-making, and a historical context inwhich to locate contemporary policy developments. The theory, substance and methodology of law and policy will befleshed out in the final part of the course through a topical case study.Content Outline:This course offers:• an introduction to different theoretical perspectives on the role of the state and the policy making process;• an understanding of the quasi-constitutional legislative framework that underpins public policy in Aotearoa/NewZealand;• a critical appraisal of the current policy making machinery and processes;• a historically-based analysis of key substantive areas of law and policy;• a practical guide to sources of policy documentation and techniques for analysing policy; and• an integrated understanding of the development of policy in a topical area.Assessment:The course will be internally assessed through two works:• a group project related to the case study (30%)• an individual essay on a topic determined in consultation with the lecturer (70 per cent)LAW 482 — Criminal ProcedureCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekLecturer: Associate Professor Scott OpticanPrerequisites: LAW 201, 211, 231, 241Course Description:Criminal procedure is the set of rules governing the conduct of criminal trials and the investigation of crime by thepolice. Criminal procedure tells police how they may investigate criminal activity, outlines for accused persons the62 | 2010 Faculty of Law Handbook

ights they possess in the face of criminal prosecution, and provides a set of rules for prosecutors, defence lawyers andjudges with respect to the conduct of criminal trials. The aim of this course is to study selected topics in criminalprocedure, both at the trial level and with respect to pre-trial investigative processes. The emphasis will be on the lawof criminal procedure under the New Zealand Bill of Rights Act 1990. However, other areas of criminal procedure willbe covered, including the study of selected statutes and common law rules.Content Outline:The course covers significant aspects of criminal procedure focusing on police investigative processes and criminal trialpractice. Specifically, the course explores the law relating to: the exclusion of evidence obtained improperly by thepolice; search and seizure; the rights to counsel and silence; the right of police detainees to be charged promptly orreleased; the right of police detainees to be brought to court as soon as possible after arrest or detention; concepts ofarrest and detention; arbitrary detention; the right to adequate time and facilities to prepare a defence; the right to aspeedy trial; and various fair trial rights. The content of the course largely follows the rights outlined in ss 21-26 of theNew Zealand Bill of Rights Act 1990. However, to the extent relevant, the course will consider statutory and commonlaw rules of criminal procedure that exist independently of Bill of Rights.Assessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:None. Course materials to be distributed. A strongly recommended text for the class is Rishworth, Huscroft, Optican &Mahoney, The New Zealand Bill of Rights (Oxford University Press: 2003)LAW 485 — International Economic RegulationCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinators: Professor Jane Kelsey, Amokura KawharuPrerequisites: It is strongly recommended that students take International Law before taking this course, but it isnot a formal prerequisite.Course Description:This course will examine the growing array of trade and investment, or economic integration, agreements at themultilateral, regional and bilateral levels. It will explore core concepts, theories, institutions and rules from theperspective of public international law, as well as the realpolitik of trade negotiations. During the course, studentsshould develop an overview of the dynamic development of this field, knowledge of core legal material, and an abilityto analyse critically past and potential future developments.Content Outline:The course will cover the historical context of contemporary agreements; different theoretical and conceptualframeworks that help to explain current issues; the place of international economic regulation in public internationallaw; the relationship between multilateral, regional and bilateral agreements; the rules that govern trade in goods/agriculture, trade in services and investment; development issues; and mechanisms for the settlement of disputes.Assessment:There is a choice between a two-hour examination or a 7500 word research paper. Students must sign up for theresearch paper before the end of the third week of the course.2010 Faculty of Law Handbook | 63

LAW 488 — Statute LawCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekLecturer: Dr Richard EkinsPrerequisites: LAW 201, 211, 231, 241Course Description:This course considers the institution of the legislature, legislation as a type of law, and how one should interpretstatutes. The approach taken will be somewhat theoretical but no prior study of philosophy or jurisprudence isnecessary.Content Outline:The topics likely to be included in 2010 are:Part I: Legislatures and legislation in public law and political theory• History of legislation and legislatures• Legislation as a type of law• The authority and legitimacy of legislatures• Critiques of legislation• Deliberation and representation• Models of assemblies (legislative structure)• Legislative procedurePart II: Statutory interpretation• Textualism and dynamic interpretation• Theories of legislative intent• Legislative context• Interpretive rules and presumptions• Legislative history• The use and misuse of statutory purposes• Departures from literal meaning• Equitable exceptions and extensions• Rights-consistent interpretationAssessment:Final Examination (Plussage 30% Opinion)LAW 490 — Law of Capital MarketsCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Sacha Judd/Professor Peter WattsPrerequisites LAW 417Course DescriptionAn introduction to regulation of the market for capital. The course covers the raising of capital from the public, and issuesarising in the subsequent trading of publicly listed securities, including the operation of the Takeovers Act, the TakeoversCode, the Securities Act, the Securities Markets Act, and the Listing Rules of the New Zealand Stock Exchange (“NZX”).64 | 2010 Faculty of Law Handbook

Content Outline• Difference between close/widely held companies. Different types of securities. Why regulate markets? History of NZsecurities regulation• Current legislative framework• NZX, Securities Commission, Takeovers Panel• Listed companies. Role of the NZX. Obligations of the Listing Rules. Key post-admission compliance: materialtransactions, related parties etc. Waivers, rulings, surveillance• Substantial security holder regime and Continuous Disclosure under the Securities Markets Acts 1988• Insider Trading and Market Manipulation• Takeovers — Background• Key concepts in Takeovers Act and Code: “Code Company”, “Voting Security” etc.• Key steps in bid process. Strategies and defensive tactics.• Takeovers Panel• Recent Panel Case Studies• Capital raising under the Securities Act 1978• Overview of the structure of the 1978 Act, the Securities Regulations 1983, and Exemption Notices• Concepts of “the public”, “issues”, and “securities”AssessmentFinal Examination (Plussage 30% Opinion)Prescribed Text/sCopies of Securities Act 1978, Securities Markets Act 1988, Takeovers Act 1993, Takeovers CodeLAW 492 — Banking LawCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Christopher HarePrerequisites: LAW 241 or COMLAW 201Corequisite: LAW 306Restriction: LAW 487, COMLAW 308Course Description:Banking Law involves the application of basic contractual, tortious and restitutionary principles to the banking context.It also encompasses general and bank-specific legislation dealing with such diverse issues such as the prudentialsupervision of banks (Reserve Bank of New Zealand Act 1989), the protection of consumers in their dealings withbanks (Fair Trading Act 1986, Consumer Guarantees Act 1993), the operation of bank payment systems (Bills ofExchange Act 1908, Cheques Act 1960) and the prevention of money-laundering and the financing of other unlawfulactivities (Crimes Amendment Act 1995, Financial Transactions Reporting Act 1996).The aim of the course is to provide the student with an understanding of the basic principles of banking law to enablehim or her to deal with the real-life banking law issues that are likely to arise in commercial practice.Content Outline:The course will focus on the transactional side of banking law rather than upon the regulatory aspects of the subjectand will concentrate on the domestic rather than the international aspects of banking law (such as documentaryletters of credit, standby letters of credit, performance bonds and export credit guarantees) as these will be covered indetail in LAW 476 International Sales and Finance. The course will not cover the issues arising out of banks taking2010 Faculty of Law Handbook | 65

security over realty and personalty as these issues are generally dealt with in LAW 301 Land Law, LAW 415Commercial Law and LAW 471 Law of Personal Property.Major topics within the course include the duties imposed upon banks and their customers as a result of the bankercustomercontract, the bank as a depository (including the banker’s lien and right of set-off), the bank as lender(including lender liability, receivables financing and charge-backs) and payment systems, such as cheques, plasticmoney and electronic funds transfers.Assessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:Whilst there are no prescribed texts for this course, students may wish to refer to Tyree, Tyree’s Banking Law in NewZealand (2nd ed., 2003), Sealey & Hooley, Commercial Law: Text, Cases & Materials (3rd ed., 2003) and Ellinger,Lomnicka & Hooley, Ellinger’s Modern Banking Law (4th ed., 2005). Students may be required to obtain copies of thekey statutes covered during the course.LAW 493 — Commercial TransactionsCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinators: Team taught (Coordinators: Nick Wells & Chris Hare)Prerequisite: LAW 241Corequisites: LAW 417Course Description:The Commercial Transactions course takes a practical look at the technical legal issues and key drafting issuesassociated with four distinct commercial transactions that together traverse the life cycle of a business, from theestablishment phase, through expansion, exit, and finally, winding up. The course will largely be taught by a team ofspecialists from Chapman Tripp with some lectures provided by Faculty members.The aim of the course is to provide students with a practical insight (from practising senior lawyers) into key issues tobe aware of when acting on these types of (and other similar) commercial transactions.Content Outline:The course will be divided into 4 modules, with each module comprising a separate ‘transaction’. The separatetransactions will follow the story of an intellectual property focused business.The first module will look at the establishment of this intellectual property focused business by way of a new entity inNew Zealand, a limited partnership under the Limited Partnerships Bill. In the second module, the limited partnershipwill undergo an expansion by purchasing a business by way of a typical “M&A” transaction. In the third module, theoriginal partners will look to list the business on the Stock Exchange, by way of an initial public offering (IPO). The fourthand final module will look at restructuring and voluntary administration of the listed company under the new regime.Each module will cover drafting issues with key provisions of the documentation associated with the relevanttransaction and the legal issues relating to them.Assessment:Final Examination (2 hours)66 | 2010 Faculty of Law Handbook

Course Materials:Materials will be distributed at the start of the courseLAW 495 — Colonialism to Globalisation: How International Law Made a Third WorldCredit Points: 15 pointsOffered: First SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Mohsen al AttarPrerequisites: LAW 201, 211, 231, 241Course Description:In the late 15th century, imperialist Europe emerged intent on exploring the new world. Fast forward through fivehundred years of colonialism, slavery, industrialisation, capitalism, and international law and greet the 21st century inall its paradoxical glory. We now live in a world characterised by political binaries of all sorts: developed &underdeveloped, civilised & primitive, rich & poor, lawful & unlawful. What role did international law play inintroducing the new world to the old one and, as some scholars have argued, in dispossessing the one to the benefit ofthe other?Content Outline:We will begin with an examination of Third World underdevelopment to better grasp the history behind current geopoliticaldivisions. Following this brief review, we will turn our attention to the colonial origins of international law witha view to understanding its relationship to Europe’s accumulationist aspirations. Next, we will consider Third Worldresistance and the outcome of their subversive campaigns. Our examination will take us through a series of casestudies — global trade, human rights, military intervention, and labour (de)regulation — all of which will be consideredprimarily from the perspective(s) of the Third World. We will conclude with an assessment of the legitimacy of theinternational legal regime as it stands and the place of democracy in possible legal reformation.Assessment:This course will be internally assessed. Details of the assessment will provided at the commencement of the course.LAW 496 — International Human RightsCredit Points: 15 pointsOffered: Second SemesterContact Hours: Lectures — 3 hours per weekCoordinator: Kris GledhillPrerequisites: NoneCourse Description:The course will provide an outline of the growing jurisprudence relating to international human rights law, with aparticular focus on the case law of the UN’s Human Rights Committee and the European Court of Human Rights. Itwill concentrate on the core civil and political rights protected; and it will also deal with the practicalities of howinternational human rights cases are brought in front of the main adjudicatory bodiesContent Outline:• The structure of international human rights treaties — global, regional; those which set principles and those whichalso allow individual complaints to be brought; and the relationship between international law and domestic law.• The content of the major substantive civil and political rights:- Life2010 Faculty of Law Handbook | 67

- Freedom from Torture- Freedom from Slavery- Liberty- Habeas Corpus- Fair Trial- Non-Retroactivity of Criminal Laws- Privacy- Freedom of Thought, Conscience, Religion- Freedom of Expression- Freedom of Association- Marriage and Family Life• The other rights increasingly protected- Property- Voting rights- Freedom of Movement• Principles of Non-discrimination in relation to Rights; Non-discrimination as a Substantive Right itself• Group rights — including self-determination International adjudication: prerequisites to jurisdiction by internationaladjudicatory bodies (victim requirements, exhaustion of domestic remedies); the processes followed (admissibility,merits); remedies availableAssessment:Final Examination (Plussage 30% Opinion)Prescribed Text/s:Recommended: Joseph et al, The International Covenant on Civil and Political RightsResearch Paper in Lieu of ExaminationStudents who are granted permission may present a research paper in lieu of an examination in an elective course interms of Regulation 9 of the LLB Regulations. Only students who have already shown research capacity will bepermitted to write a research paper in lieu of an examination. The research paper is due on the Friday of the lastteaching week in each semester and should be submitted through the Law Faculty Reception Office.Students may submit only one research paper in lieu of an examination during their degree. Students choosing towrite a research paper in lieu of an examination are required to attend all lectures in the relevant course. Studentswriting a research paper in lieu of the final examination may receive an opinion credit for LAW 400 Legal Research 3(or LAW 499).Research papers in lieu of 15-point courses are 7,500 words in length and research papers in lieu of 20-point coursesare 10,000 words in length.A form to apply for a research paper in lieu of an examination is available from the Law Faculty Reception Office.The last day for approval of a Research Paper in Lieu of an Examination by the lecturer and the Associate Dean(Student Administration) is the Friday of the fourth week of the semester.68 | 2010 Faculty of Law Handbook

Honours Seminar Courses 2010LAWHONS 706 — Criminal Law and PolicyCredit Points: 20 pointsOffered: Full-yearContact Hours: Lectures — 2 hours per weekCoordinator: Peter SankoffCourse Description:An in-depth analysis of current issues in substantive and procedural criminal law including a look at the existing“checks and balances” in the criminal trial, the increasing concern over wrongful convictions and miscarriages ofjustice, and the role of victims in the system. The course will provide students with a deeper appreciation for themanner in which the criminal justice process operates, and a better understanding about the mechanisms that existfor the purpose of ensuring a fair trial.Assessment:100% on-course assessment. Individual components to be advised by the lecturer at the beginning of the course.Prescribed ReadingCriminal Law & Policy Course MaterialsLAWHONS 716 — Legal HistoryCredit Points: 20 pointsOffered: Full-yearContact Hours: Lectures — 2 hours per weekLecturer: Professor David V WilliamsCourse Description:This seminar is concerned to trace the roots of the New Zealand legal system in terms of sources of law andinstitutional structures found in English legal history. There is a public law focus to the major topics of legal historydiscussed in this seminar.In the first semester the lecturer will lead the seminars. Topics likely to be covered include:• The many and diverse sources of the common law — including Anglo-Saxon folk-right procedures, Roman law, theWestminster courts, canon law and the law of ecclesiastical courts.• The justice system — including trials by ordeal, torture and the wide range of severe penalties such as branding,hanging and gibbeting, hanging, drawing and quartering.• Moral panics aimed at witchcraft.• The development of constitutional conventions, civil liberties and ‘rule of law’, especially in 17th century Englandwhen there was civil war and regicide, that established the basis for the constitutional values applied in NewZealand today.• 18th century English cases on the law merchant in commercial law and 19th century legislative reform of laws onthe status of women in both UK and New Zealand.• The extent to which tikanga Maori was first recognized, then suppressed and then partially incorporated into NewZealand law.• How the ‘rule of law’ was sidelined by reliance on martial law and detentions without trial during the war period in19th century New Zealand; whether principles of legality necessarily ‘fall silent’ during world wars andemergencies.2010 Faculty of Law Handbook | 69

The second semester is given over to the presentation of student papers, and these may be written in any area of legalhistory on a topic approved by the lecturer.Assessment:100% on-course assessment: The individual components of the assessment will be discussed by the lecturer with theclass at the commencement of the course.LAWHONS 721 Media LawCredit Points: 20 pointsOffered: Full-yearContact Hours: Lectures — 2 hours per weekCoordinator: Associate Professor Rosemary TobinCourse Description:This seminar is concerned with the law that governs the media and journalists. Topics which may be covered include:the importance of freedom of expression, defamation, breach of confidence, contempt of court, privacy, the functionand decisions of the Broadcasting Standards Authority, and the role of the censor. Class sessions will consist oflectures, guest appearances and the presentation of student papers.Assessment:100% on-course assessment. Individual components to be advised by the lecturer at the commencement of the course.LAWHONS 728 — Studies in Public LawCredit Points: 20 pointsOffered: Full-yearContact Hours: Lectures — 2 hours per weekCoordinator: Professor Bruce HarrisCourse Description:This seminar is concerned with the principles and workings of the New Zealand constitution. In the first semester theseminars will be led by the lecturer and will address the theme of the constitutional future of New Zealand, withparticular emphasis on the future of the executive and judicial branches of government. Student papers may bewritten in any area of public law, and these will be presented in the second semester.Assessment:100% on-course assessment. Individual components to be advised by the lecturer at the commencement of the course.70 | 2010 Faculty of Law Handbook

LAWHONS 733 — Studies in ContractCredit Points: 20 pointsOffered: Full-yearContact Hours: Lectures — 2 hours per weekCoordinator: Professor Rick BigwoodCourse DescriptionThe first semester is concerned with various historical, comparative, and ideological perspectives on contract law andthe nature of contractual obligation/relationships. We focus on the “moral” dimension of contract, in particular, as thatdimension can be illustrated through the operation of legal and equitable doctrines, principles, rules, etc that purportto constrain abuses of interpersonal power in relation to contracting and contractual activity. The second semester isgiven over to the presentation of student papers, the possible topics for which will vary according to student interest.Assessment100% on-course assessment. Individual components to be advised by the lecturer at the commencement of the course.2010 Faculty of Law Handbook | 71

Honours Informationand RequirementsThe LLB(Hons) programme focuses on quality research, culminating in the research and writing of adissertation. It usually takes nine semesters to complete all the requirements for the LLB(Hons) degree.Students who achieve the entry standard in LAW 121G and 131 and their LLB Part II courses are invitedto join the Honours programme at the completion of all the compulsory LLB Part II courses. For aconjoint student this would usually be at the end of their third year. Students will be sent a letter and anapplication form and it is the student’s responsibility to complete the application form and return itwithin the stated timeframe.If students do not get into Honours by invitation after the completion of Part II courses but their overallperformance improves in later semesters, they are able to apply for Honours through the Faculty Office.The student’s grade average over all their LLB courses will be calculated and their application eitherapproved or declined.Having been selected for Honours, students enrol for an additional 20-point Honours seminar course aspart of their Part III year. There are details of the Honours seminar papers to be offered in the CourseDescription section of this Handbook.Students must maintain a B+ average throughout their entire law programme to complete successfullythe LLB(Hons) degree.Choosing Your LLB (Hons) Dissertation Topic1. The Honours dissertation.The Honours dissertation (LAWHONS 789) is worth 40 points and is 18,000 words in length.Students should obtain the Honours dissertation information sheet from the Faculty Office. Studentsshould think of a topic and then discuss it with a member of staff teaching or working in the field oftheir chosen topic. When there is no such teacher, they should consult the Associate Dean (StudentAdministration).2. Once a topic is chosen and is approved by the staff member concerned, application should belodged with the Faculty Office for formal approval by the Associate Dean (Student Administration).3. Students should aim to select and register their dissertation topics as far ahead as possible.4. Following registration of the topic students should report to their supervisors regularly until thecompleted dissertation is submitted.5. Formal enrolment for the dissertation must take place in the 9th semester of the LLB(Hons), (or 11thsemester of conjoint programmes) i.e. the semester following the completion of Part IV.6. Research projects which involve human subjects (including those participating in surveys) mayrequire the prior approval of the University’s Human Participants Ethics Committee. Seek advicefrom your supervisor in this matter.72 | 2010 Faculty of Law Handbook

7. Dissertations must be submitted to the Faculty Office by the due dates:Summer Semester (2010)09 October 2009 Selection of supervisors and approval of topic27 November 2009 Submission of completed draft29 January 2010 Final Submission 4 pmSemester 1 (2010)12 March Selection of supervisors and approval of topic30 April Submission of completed draft04 June Final Submission 4 pmSemester 2 (2010)30 July Selection of supervisors and approval of topic17 September Submission of completed draft22 October Final Submission 4 pmSummer Semester (2011)08 October 2010 Selection of supervisors and approval of topic26 November 2010 Submission of completed draft28 January 2011 Final Submission 4 pm8. Final dates for the submission of Honours dissertations will be strictly observed. Extensions of timewill rarely be granted and only for very exceptional reasons. Students should contact the AssociateDean (Student Administration) in the first instance.9. Should students not complete their Honours dissertation within the required timeframe and anextension of time is granted, they will be required to re-enrol and pay fees again in the nextsemester.10. The word requirement for Honours dissertations is 18,000 words11. i) Typing should be one and a half or double-spaced with a recommended 12 point font size.ii) Footnotes should be of a smaller size and conform with the New Zealand Law Style Guide.iii) An acknowledgement page should be included that recognises any assistance you have receivedduring the writing of the dissertation.iv) An abstract of between 250-350 words must be bound in with the dissertation.v) Recommended order of material — titlepage, abstract, acknowledgments, table of contents, text,appendices, bibliography.vi) The title page must include the words; ‘A Dissertation presented in partial fulfilment of therequirements for the degree of Bachelor of Laws(Honours), The University of Auckland, and thedate’.12. Layout/Format: Two limp-bound (not spiral bound) copies must be submitted to the Faculty Office bythe due date. Dissertations should be printed/typed on A4 paper. Copies are available for viewingat the Davis Law Library.2010 Faculty of Law Handbook | 73

Legal Research andWriting RequirementsThe LLB and LLB(Hons) degrees have a large legal research and writing component:LAW 299 Legal Research 1 (0 points)LAW 399 Legal Research 2 (10 points)LAW 499 Legal Practice (0 points) or LAW 400 Legal Research 3 (10 points)LAW 299 is a compulsory course and a corequisite for all the LLB Part II courses. New Part II studentsneed to enrol in LAW 299 before enrolling for any other Part II courses.LAW 399 is a compulsory LLB Part III course with a value of 10 points. Students should enrol for thiscourse in the same year that they take their first Part III courses, provided they have already completedall their Part II courses.LAW 299 — Legal Research 1 (0 points)Students enrol for LAW 299 first and then enrol for their other LLB Part II courses. Students sign uponline and self-stream. The course is taken in the first semester of Part II. The course is an introduction tolegal research within the New Zealand jurisdiction, including legal language and the structure of legalinformation, case law, legislation, secondary materials and the process of undertaking legal research.Emphasis is placed on the practical use of legal materials in both print and electronic format. LAW 299consists of five one-hour classes, four on-line modules and tests, and a final test. The course is assessed100% on-course with 50% consisting of 4 worksheets, 4 online modules and tests via CECIL, and 50%final test. The course is graded pass/fail.LAW 399 — Legal Research 2 (10 pts)Students enrol for LAW 399 when they take their Part III courses. The course may be taken in either thefirst or second semester. The course concentrates on advanced research skills and includes anintroduction to multi-jurisdictional legal research. The course is assessed 100% on-course comprising: 2research exercises, each worth 15% of the final mark or students may use the second research exerciseas 30% provided that a mark of at least 40% is attained for the first research exercise; a research trail70%. This course is graded. Students are strongly recommended to link their research trails for thiscourse with the formal writing requirements for an opinion, elective or Honours dissertation.LAW 499 Legal Practice (0 points)LAW 400 Legal Research 3 (10 points)In Part III and Part IV of the degree, students are required to undertake sustained and substantial legalresearch and writing.Prior to 2009 this was under the rubric of LAW 499 Legal Practice, which was ungraded and carried nopoints: see transitional arrangements for LAW 499 below.Because the Faculty of Law is serious about legal research and writing, LAW 499 has been replaced byLAW 400 Legal Research 3 (10 points), which is graded.74 | 2010 Faculty of Law Handbook

The change of course title, from Legal Practice to Legal Research 3, reflects the content and emphasis ofthe course; the 10-points weighting reflects the workload associated with the writing of opinions; and thegrading of LAW 400 indicates that legal research is important, and to be taken seriously.Students will undertake their research, participate in a moot, and write opinions (in connection with theirlaw elective courses) during Parts III and IV. Students enrol in LAW 400 only in the final semester of theirdegree, when they are completing their LLB or LLB(Hons) requirements.The requirements for LAW 400 Legal Research 3 are:1. Obtaining a pass in the compulsory Part III moot (General, Family or Maori issues)AND2. Obtaining a pass in each of five written opinions.Notes:(a) The five written opinions are to be written in connection with those 15-point and 20-point electivecourses that have a final examination and offer an opinion for plussage.(b) An approved Community Placement can be substituted for ONE opinion.(c) Provided that at least THREE opinions are written as for (a) above the remaining opinions can bereplaced by writing completed as part of two internally-assessed elective 10-point, 15-point or 20-point law courses, provided that writing requires independent research and involves a single piece ofwriting of at least 3000 words in length. This includes research papers in lieu of examinations (PILO).Where a student has completed a Community Placement only one piece of writing of at least 3000words from an internally-assessed course can be used to replace one of the five opinions as requiredby (a) above.(d) Opinions must be submitted by the due date in the same semester that the student is enrolled in theelective course to which the opinion relates.(e) Students are not permitted to complete written opinions independently of elective courses.The following do not qualify for an opinion credit towards LAW 400:(a) AULR editorial work or other roles(b) EJP(c) Participation in competitions such as Model UN, World Client Interviewing(d) Honours seminar papers and dissertations(e) Subject-related moots, external or international mooting competitions(f) LAW 456 Supervised Research.GradingThe grade for LAW 400 will be determined as follows:(a) Compulsory moot = 20%(b) 4 opinions (or equivalent, under 2c above) at 20% each = 80% (the best 4 opinion marks will betaken)(c) Community Placement or 5th opinion = 0%2010 Faculty of Law Handbook | 75

Opinions and students wishing to apply for an ExchangeAuckland students abroad: students proceeding overseas on an approved student exchange or underStudy Abroad will normally be expected to have completed the LAW 400 requirements in Aucklandbefore their departure. Occasionally, however, they may, at the discretion of the Associate Dean(International), be permitted to obtain credit for one (or, in the case of a student on a full-year’sexchange, two) opinion(s) according to the same criteria as apply to students in Auckland.LAW 499 Transitional ArrangementsStudents who were admitted to LLB Part II before 2009 have the option of completing Part IV withEITHER LAW 400 Legal Research 3 (10 points — graded) and 110 points in elective coursesOR LAW 499 LEGAL PRACTICE (0 points — ungraded) and 120 points in elective courses.This transitional arrangement applies only until 31/12/2011. After 2011, all students must complete withLAW 400.76 | 2010 Faculty of Law Handbook

Written WorkAll written work, whether submitted for tutorials, opinions, research papers or dissertations must complywith the NZ Law Style Guide (available for purchase from the Faculty Reception office in 2010).Essays, opinions and other assignments should be typed where possible. Handwritten work is acceptableprovided that it is clear and legible. If work submitted for grading is illegible, the lecturer may requirethat it be typed at the student’s expense. Students should also note that all quotations should beindicated by quotation marks and the source given. Never use material without giving the properacknowledgement of source.Students may be required to submit their assignments in electronic form. In this case, the coursecoordinator or lecturer will advise of the procedures and deadlines for electronic submission.Students submitting written assignments are required to acknowledge that they have read theUniversity’s guidelines: Conduct of Coursework and the Use of Third Party Assistance in Undergraduateand Postgraduate Coursework: Guidelines for Students (accessible at www.auckland.ac.nz/academic_honesty).Word limitsWord limits apply to all written assignments (other than dissertations and theses), as follows:Public, Torts, Criminal, Contract, Land, Equity andJurisprudence tutorial essays:11500 wordsJurisprudence course essay:12000 wordsOpinions in 15-point electives:13000 wordsOpinions in 20-point electives:14000 wordsResearch papers in lieu of examination in 15-point electives: 17500 wordsResearch papers in lieu of examination in 20-point electives: 10,000 wordsSupervised Research papers:10,000 wordsHonours seminar papers:10,000 wordsStudents will be allowed a 20% leeway in the pre-set word limit. Beyond that the work will be marked outof 80% of the available marks. (All words, including footnotes, will be included in the count.) Students willbe required to attach to their coursework a form indicating the number of words and the method usedfor calculating the total. Markers will monitor broadly the word limit.What happens if I am late with my essays or opinions?You must hand in your written work by 4 pm on the due date or you will be penalised.All assignments, opinions and essays are to be placed in the deposit boxes outside the Reception Office(Blg 801, Level 3). In your own interests, do not place opinions/essays/etc under the lecturer’s door, or inhis/her ‘pigeon-hole’. Responsibility can be taken by the Faculty only when submitted through the depositboxes.2010 Faculty of Law Handbook | 77

Late submission of workAll work submitted late (ie after 4 pm on the due date) will incur a penalty (see below), unless there areextenuating circumstances.Aegrotat or compassionate circumstances for late submissionAn extension of time will be given only for illness or compassionate grounds. You must supplydocumentation (eg. doctor’s certificate). Criteria for approval of late submission reflect the criteria foraegrotat and compassionate pass consideration in final examinations. Retrospective approval will begiven only in exceptional circumstances. Contact the Student Adviser, Hilary Smeeton (Rm 3.02 or phoneext 88180) to apply for an extension of time before the due date. Approval for an extension of timecannot be given by the lecturer or marker for the subject concerned.PenalitiesExcept where the Student Adviser, or in her absence the Associate Dean (Student Administration), hasauthorised an extension of time for the submission of student work, work handed in after the deadlinewill be penalised at the rate of 10% for each day or part thereof. For this purpose, a weekend (Friday–Monday) counts as 2 days (20% penalty). This applies to all written work: opinions, tutorial essays,internally-assessed papers, supervised research papers, papers in lieu of examination, master’s researchpapers and seminar papers.78 | 2010 Faculty of Law Handbook

How will your coursework and examinations be graded?The following table shows the relationship of marks to grades on the nine-point scale used by the Facultyof Law for coursework and the final examination in the course, as well as descriptors appropriate to therequirements of the course, corresponding to the level of attainment within each of the letter grades onthe scale. Students will note that the descriptors are broadly banded in the grades of A, B, C, and D,with the finer gradings being reflecting as “shades” or “levels” of achievement within the broad bands.Grade % Value Description Relating to Student Attainment in the CourseA+AA-B+BB-C+CC-D+D90–10085–8980–8475–7970–7465–6960–6455–5950–5445–4940–44D- 0–39Work of high to exceptionally high quality showing excellence in, or advanced knowledge andunderstanding of, subject matter, appreciation of the issues, analysis, synthesis, and evaluationof course content; well formulated arguments based on strong and sustainable evidence and/orsupporting authority; full identification and accurate referencing of relevant primary andsecondary sources; high level of creative ability, originality, and critical thinking; excellentcommunication and presentation skills; accurate adherence to the Faculty’s current LegalResearch and Writing Guide. In short, the “A” student will have attained an “in-depth”knowledge and understanding of the subject matter of the course, and may have undertakenextensive reading beyond that which is required. The student will have consistentlydemonstrated a high level of proficiency in understanding and applying relevant conceptualtools and methodologies to the subject area, and in addressing relevant debates in the area.Clarity, insight and “added value” are looked for.Work showing a good to strong grasp of subject matter and understanding of major issues,though not necessarily of the finer points; good-to-strong application of the appropriate legalprinciples to the assessment task; arguments clearly developed and based on sound evidenceand/or legal authority; identification and accurate referencing of relevant primary andsecondary sources; evidence of creative ability, originality, and critical thinking; goodcommunication and presentation skills; accurate adherence to the Faculty’s current LegalResearch and Writing Guide. In short, the “B” student will have attained a “sound” knowledgeand understanding of the subject matter of the course, and demonstrated familiarity with themajor academic debates, and the ability to apply, fairly accurately, relevant methodologies, andconceptual tools to the subject area.Work showing a knowledge of subject matter and appreciation of the main issues, albeit withsome lapses and inadequacies; basic application of appropriate legal principles to theassessment task; arguments developed and supported by some evidence and/or legal authority;identification and accurate referencing of the main primary and secondary sources; creativeability, originality, and critical thinking evident but limited; adequate communication andpresentation skills; adequate adherence to the Faculty’s current Legal Research and WritingGuide. In short, the “C” student will have attained an “adequate” knowledge and understandingof the subject matter of the course, and demonstrated some familiarity with the majoracademic debates, approaches, methodologies, and conceptual tools of the subject.Work lacks breadth and depth, generally has gaps of a significant nature, and may statecontradictory propositions and/or conclusions are often stated. Frequently work of this gradetakes a simple factual approach, and student understanding and coverage is inadequate; littleor no attempt is made to interpret, analyse, or critique the material; at the lower end, workindicates a need for considerable effort to achieve improvement; poor communication andpresentation skills; poor (or no) adherence to the Faculty’s current Legal Research and WritingGuide. In short, the “D” student will have attained an “inadequate” knowledge andunderstanding of the subject matter of the course, and demonstrated merely superficialfamiliarity with the major academic debates, approaches, methodologies, and conceptual toolsof the subject.Highly unsatisfactory work; shows a real lack of knowledge about and understanding of thesubject matter; inadequate in degree of relevance, sometimes completeness, often both;communication and presentation skills are very weak; poor (or no) adherence to the Faculty’scurrent Legal Research and Writing Guide. In short, the “D-” student will have attained a “verypoor” knowledge of the subject matter of course, and demonstrated little (if any) familiarity withthe major academic debates, approaches, methodologies, and conceptual tools of the subject.2010 Faculty of Law Handbook | 79

Plagiarism / CheatingCheating is viewed as a serious offence by The University of Auckland. Penalties are administered by theFaculty and by the University’s Discipline Committee, and may include a fine, suspension or expulsionfrom the University. See the University’s “Guidelines on Cheating in Coursework”.If after investigation a student is found to have cheated, in addition to any penalty, that student’s namewill be recorded in a Register held by the Faculty and may be forwarded to the Auckland District LawSociety when an application for Admission as a Barrister and Solicitor is made.What is/is not cheating?The general principle for determining whether cheating has occurred is whether work that is submittedfor grading is your own work, reflecting your learning. If someone else’s work — from whatever source —is portrayed by a student as being their own work, without proper attribution, then it is cheating. Inaddition, if you give some or all of your work to another student who then represents it as theirs, you areassisting or colluding in cheating. Both parties in this case may be subject to penalties.The following are examples of cheating or unacceptable behaviour (this list is illustrative, and is notintended to be exhaustive):In a test or examination:1. Copying from another student.• This extends to knowingly allowing or facilitating another student to copy your work in a test orexamination.2. Impersonating someone else.• This includes arranging such impersonation.3. Using forbidden material.• Forbidden material can be electronic or printed, e.g.,• using a non-standard calculator in a restricted calculator examination• using an unauthorized book in a restricted book exam• using pre-written notes4. Misrepresenting disability, temporary illness or injury or exceptional circumstances beyond one’scontrol, and then claiming special conditions.5. Writing before the supervisor has started the examination.6. Continuing writing after the time allotted.In a coursework assignment:7. Plagiarism.• Plagiarism means using the work of others in preparing an assignment and presenting it as yourown without explicitly acknowledging — or referencing — where it came from.Plagiarism can also mean not acknowledging the full extent of indebtedness to a source. Work can beplagiarised from many sources — including books, articles, the world wide web, and other students’assignments. Plagiarism can also occur unconsciously or inadvertently. Direct copying is definitelyplagiarism. Paraphrasing of another work without attribution is also plagiarism. Submitting someoneelse’s unattributed or less than fully attributed work or ideas is not evidence of your own grasp of thematerial and cannot earn you marks.Note: plagiarism applies to all levels of work, including theses and dissertations.80 | 2010 Faculty of Law Handbook

8. Copying from another student’s coursework.• This includes copying done with or without the knowledge of another student. It also includesusing someone’s coursework that had been submitted in a previous year — at any educationalinstitution. Examples would include:• Copying all or part of someone else’s assignment• Allowing someone else to copy all or part of your assignment• Having someone else do all or part of an assignment for you• Doing all or part of someone else’s assignment for them9. Making up or fabricating data.• This includes including false data in the writing up of laboratory reports, or using made-upquotations from interviewees.10. Submitting the same, or a substantially similar, assignment that you have done for assessment inmore than one course.11. Using material obtained from commercial essay or assignment services, including web-basedsources.• Buying or otherwise acquiring essays, answers or ideas (in whole or in part) and using them in acoursework assignment is unacceptable.• Using information and material from a website without attribution is not acceptable.Computer-and internet-assisted cheating is a well-known phenomenon globally. All students should alsobe aware that computerised detection mechanisms and techniques are also growing in sophistication.These will be used increasingly to combat cheating.There are at least two other areas where the possibility of cheating could arise:(a) Editing/re-writing services:Assistance (professional or unpaid) with a writing project in order to improve the expression of yourown ideas is a long-standing practice in academe and is permissible. However, editors should onlyimprove grammar, punctuation, or the ordering of ideas. You should always indicate on the workwhen the help of an editor has been used. C heating can arise if the editing or re-writing changesthe ideas so that they are no longer solely your own, but instead can be viewed in whole or in partas the work of the editor/re-writer.(b) Group/team work and study:A feature of a university education is the opportunity to work, study and research as a member of agroup or team. The University encourages students to develop their skills in working in collaborativeand team settings. However, students and staff should be aware that group activities can pose risksfor cheating.If an assignment is designated by a course organiser as a group project with a group output — wherethe work of a group of students is assessed — it is the responsibility of group members to make sure thatthe workload is shared equally. Course organisers will determine procedures for dealing with caseswhere the final piece of work reflects unequal participation and effort.Cheating can arise in a group working/studying situation. For example, it is unacceptable if a number ofstudents work through to the solution of what is intended to be an individual’s assignment. This processassists that individual student to cheat. Another example would be two students submitting an identicalsection of an assignment.2010 Faculty of Law Handbook | 81

There is a difference between “getting help” and cheating. “Getting help” is directed towards assistingyou to understand the material and assignment questions so that you are in a better position to createyour own answers — this is acceptable. “Getting help” could be obtained through a discussion with astudent group, academic staff or tutors in preparation for doing an individual assignment. Talking aboutan assignment and methods of solving problems with other students is an acceptable form ofcollaboration in the learning process, and is encouraged. Cheating arises, for example, if a studentcopies another student’s answers or ideas, or someone else writes some or all of your assignment.Students’ attention is drawn to the University’s guidelines: Conduct of Coursework and the Use of ThirdParty Assistance in Undergraduate and Postgraduate Coursework:Guidelines for Students(accessible at http://www.auckland.ac.nz/uoa/about/teaching/plagiarism/plagiarism.cfm)ProceduresIn submitting assignments, students are required to attach a cover sheet or backing sheet. This includesa declaration that the work is completely the student’s own work, and that materials from other sourceshave been properly acknowledged and referenced.82 | 2010 Faculty of Law Handbook

Tutorial ProgrammeThere are fortnightly tutorials in Law and Society, Legal Method, Criminal, Public, Torts, Contract, Land,Equity and Jurisprudence. For the double-semester courses of Criminal, Public, Torts, Contract, Land andEquity there are eight tutorial rounds, four in each semester. For the single-semester courses of Law andSociety and Jurisprudence there are four tutorial rounds and for Legal Method there are five tutorialrounds. Students should attend all tutorials.Doing your best at Law School: the tutorial factorStaff in the Law School know that students who prepare for and take part in tutorials will usually domuch better than those who do not. Why is that and what will you get out of tutorials?• Tutorial questions are often previous exam questions or structured like test/exam questions. Themorepractice you have at such questions, the more likely you are to do yourself justice in tests/exams.You would not go into a driving test without practising: the same goes for Law School tests/exams.• Tests/exams and take-home assignments require you to show that you can write reasoned, wellstructuredarguments. It takes practice to be able to do this, especially under pressure. Do not leave ituntil the test — use the tutorial questions to improve your abilities. Good answers — no matter whatsubject — all show logical and reasoned argument. This is a special legal skill and it cannot beacquired just by reading. Writing answers to tutorial questions before attending will improve yourwritten skills significantly and will indicate any areas where your understanding is incomplete.• No matter how well a lecturer explains something, you will often understand it more clearly afteryou have discussed it with other students and had a chance to ask questions. Tutorials allow you todo this. Research shows we learn 70% of what we talk over with others — use the opportunitypresented by tutorials to really get to grips with the material.Tutorial TimesIn 2010 all tutorials will start in the third week of semester. Tutorials are held between 8 am and 6 pm.As many of the tutors are legal practitioners, the majority of tutorials are held between 8.00 am and9.00 am and 5.00 pm and 6.00 pm. Students should anticipate this in their personal timetable.General Tutorial Sign-ups 2010LLB Part I, II and III students will be required to sign-up for tutorials using the Cecil Student Interfacehttp://cecil.auckland.ac.nz/. To log onto Cecil you will need your University of Auckland NetAccountdetails i.e. Net ID/UPI and NetPassword.Once logged onto Cecil, open the “Resources” folder and follow the “How to self-stream” instructions.The 2010 tutorial timetable will be published on CECIL, the Law School website, and Faculty noticeboards from Monday 15th February 2010 and Monday 5th July for Semester II. There are 16 places pertutorial group. When these are full, that time slot is no longer available.General tutorial sign-ups on-line from:Semester I and Double-Semester Courses:Wednesday 3rd March — Wednesday 10th MarchSemester II Courses:Wednesday 21st July — Wednesday 28th July2010 Faculty of Law Handbook | 83

Tutorial Preferences for Childcare Only:A student who has childcare commitments may apply for specific tutorial times ahead of the generalsign-up. Whilst every effort is made to meet individual requests, based on past experience wheredemand has exceeded the limited tutorial places available, no guarantees can be made. Tutorialpreferences for employment commitments and timetable clashes are no longer available.Before making an application you must check the published timetable for available tutorial times anddays. Applications should then be made on a Tutorial Preference form, available from the Faculty Office,Law School website, or in the Resources folder within Cecil, and must be accompanied by proof ofchildcare (e.g. child’s birth certificate). If you have already supplied evidence of childcare since 2008then please state this on the form.To allow for processing before the general tutorial sign-up a preference form must be completed andsubmitted with the appropriate documentary evidence, if required, to the Faculty Office by 5pm, Friday26th February for Semester 1 and double-semester courses, and 5pm Friday 16th July for Semester 2courses. Late applications will not be accepted.Students can check Cecil from 9am, Tuesday 2nd March 2010, or for Semester 2 from 9am Tuesday20th July 2010, for the result of their tutorial preference application.The 2010 dates for the tutorial rounds are as follows:Semester I 2010Round 1Week 1Week 215 –19 March22–26 MarchSemester II 2010Round 1Week 1Week 22–6 August9–13 AugustRound 2Week 1Week 219 –23 April26 –30 AprilRound 2Week 1Week 216–20 August23–27 AugustRound 3Week 1Week 23–7 May10–14 MayRound 3Week 1Week 213–17 September20–24 SeptemberRound 4Week 1Week 217–21 May24–28 MayRound 4Week 1Week 227 September – 1 October4–8 OctoberRound 5 (Legal Method ONLY)Week 1 11–15 OctoberWeek 2 18–22 October84 | 2010 Faculty of Law Handbook

Mooting ProgrammeThe aim of the mooting programme is to give students the opportunity to research and present a legalargument in a situation that approximates an appellate hearing. During their Part III or Part IV yearsstudents participate in a compulsory moot. These general moots are run once in each semester. Insteadof the general moot students may do a Maori Issues moot or a Family Law moot.Sign-up for moots will take place in the first week of semester one and semester two. You will have theoption of doing a general moot, a Maori Issues moot or a Family Law moot. The dates for the Part IIImoots in 2009 will be as follows (watch the Mooting Noticeboard, Level 3, Blg 801):First Semester General Moot12 March & 19 March Two Compulsory Moot Information Sessions22 March Moot Problems Collected01 April (4 pm) Synopsis Due19 - 23 April Oral ArgumentSecond Semester General Moot30 July & 6 August Two Compulsory Moot Information Sessions16 August Moot Problems Collected27 August (4 pm) Synopsis Due14 - 18 September Oral ArgumentMaori Issues MootSecond Semester30 July & 6 August Two Compulsory Moot Information Sessions9 August Moot Problems Collected18 August (4 pm) Synopsis Due26 August Oral ArgumentMooting CompetitionsStout ShieldThe Stout Shield Mooting Competition is incorporated into the Advocacy Course. Four finalists competein the final at a formal hearing in the High Court before a High Court Judge.Brian Shenkin Memorial Family Law MootThe Shenkin moot is a competitive moot on a family law topic. In 2010 the Family Law moots will becombined with the Shenkin Memorial Moot. Students may opt to participate in the Family Law moot asan alternative to the other general mooting options. Participants should have passed or be enrolled inLAW 426 Family Law. Places are limited in this moot. Please watch the Moot Noticeboard for signupdates and instructions.Greg Everard Memorial MootThe Greg Everard Memorial Moot will be held in Semester 2. Entrants must have already participated inone of the Faculty’s moots, including moots offered in the elective courses. Past winners of the GregEverard Memorial Moot are not able to participate for a second time.2010 Faculty of Law Handbook | 85

Staff/Student Consultative CommitteeThe Staff/Student Consultative Committee comprises all class representatives together withrepresentatives from the academic staff. The Committee is chaired by the Associate Dean (StudentAdministration) and meets two or three times during each semester to discuss matters relevant to thestudent body. The Committee aims to facilitate greater communication between staff and students, andto identify and address areas of concern to both students and staff.Teaching and LearningThe University of Auckland has policies concerning the quality of all teaching and learning. Thesepolicies can be found athttp://www.auckland.ac.nz/uoa/about/teaching/policiesprocedures/policies_procedures.cfmPhoto from the 2009 Greg Everard Memorial Moot Final: (from left to right) Christopher Ashton (finalist), Chris Booth(Kensington Swan), Monique Meyer (finalist), Frances Everard, Mrs Louise Everard, Professor Paul Rishworth (Dean),Madeleine Everard, Tom Price (finalist), Justice Raynor Asher (Judge), Sam Hiebendaal (winner).86 | 2010 Faculty of Law Handbook

Examinations andCoursework InformationWhat do I have to do to qualify to sit the final examination?To qualify to sit the final examination in any subject, you must have paid your fees and complied with anywriting or other requirement for the course. Students should attend all lectures. Attendance at lectures iscompulsory for: all internally assessed courses; LLB(Hons) seminars; and for students writing a researchpaper in lieu of an examination. Students must complete the course requirement including compulsorytutorials and the compulsory course essay to a satisfactory level.What happens if I have to repeat a course?If you are repeating a compulsory course you must attend lectures, sit the tests, attend the tutorials andwrite the essays set in those courses. Coursework cannot be carried forward from one year to another.How does my coursework contribute to my final grade?Compulsory CoursesIn each compulsory degree course for which essay(s) and test(s) are set, the results gained in the essay(s)and test(s) may form part of the final grade, under a “double chance” (plussage) system. The final gradefor the course will be awarded either on the basis of the final examination alone or, if it is to the student’sadvantage, a combination of the final examination and the coursework results. You must do all thecoursework set to take advantage of this system and you must achieve 45% in your examination.Coursework cannot be carried forward from one year to another.Elective coursesIn all elective courses (whether taken for Part III, Part IV or for COP) where an optional opinion is written,the mark obtained for the optional opinion may form part of the final grade, under a “double chance”system. The final grade for the course will be awarded either on the basis of the final examination alone(100%) or a combination of the optional opinion mark (30%) and the final examination (70%), whicheveris the higher. For elective courses for which an optional opinion is not written, the final grade is given onthe basis of the examination alone. You must achieve 45% in your examination for your “plussage“ to beapplied.Mid-semester/Mid-year testsThe Law Faculty treats these tests seriously and you will sit the test under the same conditions as you sitexaminations. Cheating or any other dishonest practices will not be tolerated and latecomers will not begiven extra time. Your teachers will remind you of the test conditions prior to the test.Students requiring special conditions for sitting tests are required to contact the Student Adviser at leasttwo weeks before the tests. Only in exceptional circumstances or with the prior approval for specialconditions from the University Health Centre will the sitting of tests at special times be permitted.Students who are sick at the time of the testIf you are unable to sit a test due to illness or other misfortune you should contact the Student Adviserand also make an application for Aegrotat or Compassionate Consideration for Written Tests. Forms areavailable from the Student Health and Counselling Service, Level 3 Student Commons Building and must2010 Faculty of Law Handbook | 87

e submitted within seven days of the test. Students are advised to make an appointment with theStudent Health and Counselling Service on the day of the test or as close to the test day as possible.ExaminationsAegrotat or compassionate considerationIf injury, or exceptional circumstances beyond your control, prevent you from sitting an examination orseriously impair your examination preparation or performance, you may be eligible to apply for aegrotator compassionate consideration. Please refer:http://www.auckland.ac.nz/uoa/for/currentstudents/academiclife/aegrotatinfo.cfmSpecial consideration may be given for examinations in the following cases:1. Aegrotat consideration for your own temporary illness or injury. Temporary illness or injury whichprevents you from sitting an examination, or which seriously impairs either your examinationpreparation or your examination performance, can be taken into account if suitable evidence isavailable.2. Compassionate consideration for unexpected misfortune. Exceptional circumstances beyond yourcontrol which prevent you from sitting an examination, or which seriously impair either yourexamination preparation or your examination performance, can be taken into account if suitableevidence is available.For aegrotat consideration, you must see a registered medical doctor and preferably the UniversityHealth Centre on the day of the examination if possible, while you are still unwell. If your examinationpreparation is seriously impaired, see a registered medical doctor within the fortnight before theexamination. For compassionate consideration, the circumstances should be discussed with theUniversity Health Centre preferably on the day of the examination.Application forms are available from the Student Health and Counselling Service.Further advice or information can be obtained from the Examinations Office, ClockTower Building,telephone 373 7599 ext 87557.An aegrotat or compassionate grade may be approved if the evidence of your illness or misfortune is inorder and if your coursework in the paper was well above the minimum pass standard.This information is provided as guidance only. Students, however, are referred to the current UniversityCalendar and to the Examinations Office for assistance.Missed examinationsStudents who discover that they have missed an examination through their own mistake must contactthe Examinations Section in Student Administration immediately.88 | 2010 Faculty of Law Handbook

ComplaintsComplaints relating to coursesStudents are encouraged to raise issues of concern with the lecturer who has responsibility for thatcourse first. Where a student feels unable to approach the academic staff member directly they shoulddiscuss the matter with their elected class representative who may make the approach on their behalf.If this does not result in a successful resolution of the matter the student or the class representativeshould raise the issue with the Associate Dean (Student Administration). If there appears to be substanceto the complaint, the students will be asked to record their concerns in writing. This will ensure that theirconcerns are accurately recorded, and give the teacher specific notice of the areas of difficulty. TheAssociate Dean (Student Administration) will, after appropriate consultation, inform the students inwriting of the result of the discussion.Complaints relating to tutorsStudents are encouraged to discuss the matter with the tutor in the first instance. Where a student feelsunable to do so they may approach the Co-ordinator for that course. Alternatively the matter may bereferred to the Academic Tutorial Coordinator, or the Associate Dean (Student Administration).Complaints relating to staff membersStudents are encouraged to raise the issue with the relevant staff member first. Where a student feelsunable to raise the matter directly the matter should be discussed with the class representative who maythen raise the issue on behalf of the student.If this does not prove satisfactory the Associate Dean (Student Administration) should be approached. Ifthere appears to be substance to the complaint, the students will be asked to record their concerns inwriting. This will ensure that their concerns are accurately recorded, and give the teacher specific noticeof the areas of difficulty. The Associate Dean (Student Administration) will, after appropriate consultation,inform the students in writing of the result of the discussion. Where a resolution cannot be reached theMediator may be asked to assist. WAVE may provide representation and support for the student.Complaints relating to tests/examinationsIn accordance with the Examination Regulations no student may communicate with an examiner inregard to an examination either in the script book or otherwise. If there is a concern with a test or anexamination the matter should be raised, in writing, with the Associate Dean (Student Administration)who will investigate to determine whether there is substance to the complaint. The Associate Dean(Student Administration) will consult as necessary and report in writing to the student the result of theinvestigation.Complaints relating to fellow studentsThe University is committed to providing an environment free from harassment or discrimination. If anystudent experiences a problem they should see the Student Adviser.2010 Faculty of Law Handbook | 89

Research FacilitiesThe Davis Law Library — Te Herenga TureThe Davis Law Library | Te Herenga Ture in Building 802 (13-15 Eden Crescent) is conveniently situatedbetween the two Law Faculty buildings, and forms part of The University of Auckland library system. TheDavis is attractively designed, occupying two levels plus a mezzanine floor and houses a print collectionof about 122,000 volumes. Over 800 legal and general online databases, and an extensive collection ofe-journal and e-books are accessible to clients via the Library network 24 x 7. Study tables, carrels anddiscourse rooms provide seating for about 300 clients. Access to computers is provided in the Davis infour custom designed spaces:• The Bell Gully Computer Lab is a training facility for all clients. Training in legal research is providedby the staff of the Davis Law Library as part of course requirements and as part of the Davis courseinstructional programme.• Law Online is designed for catalogue access and research purposes.• The Upper Chamber, on the mezzanine floor, is a multi-function computing area comprising 28networked computers and printer.• Disability Resource Room provides electronic access via voice programmes and CCTV to studentswith visual disabilities.Introductory tours of the Library and a wide range of library courses are run during semesters.Assistance with subject inquiries and research projects is available via the Subject Librarian service.More information on the Davis Law Library and its staff can be found at our homepage:http://www.library.auckland.ac.nz/subjects/law/home.htmWe look forward to seeing you in the Davis Law Library!Wireless AccessThe Law School has a wireless network - part of a campus-wide network, so that students working withlaptops in the library will have internet access. For further information see http://www.auckland.ac.nz/uoa/cs-wireless-network/90 | 2010 Faculty of Law Handbook

PublicationsAuckland University Law ReviewThe Auckland University Law Review (AULR) is a legal journal published annually by the AucklandUniversity Law Review Charitable Trust. First issued in 1967, the AULR is edited by students and confinedsolely to student writing. The AULR has a wide domestic and international readership, and is subscribedto by many law libraries in the common law world.It takes approximately seven months to produce an issue of the Review. At the start of each academicyear, students are invited to submit research essays, honours papers, theses and dissertations forconsideration, and the editors select eight for publication. In addition to the general articles, theReview’s Commentary section includes book reviews and analyses of recent cases and legislation, whilstthe Ko Ngaa Take Ture Maori section provides a forum for the discussion of legal issues of particularsignificance to Maori.For the editorial team, the AULR offers a valuable educational experience in preparing a manuscriptfor publication. As with all other Faculty of Law training, attention to detail and the search for excellenceare paramount concerns, and the skills and habits acquired through editorial work are recognisedinternationally. Many past editors have carried these skills on to overseas graduate study and to careersin legal education. The Editors-in-Chief welcome applications from students interested in editoralpositions.New Zealand Business Law QuarterlyThe New Zealand Business Law Quarterly focuses on issues of business and commercial law relevantto New Zealand. It is produced by the Research Centre for Business Law, a centre that straddles theFaculty of Law and the Business School’s Department of Commercial Law. The current editors areProfessor Peter Watts, Faculty of Law and Associate Professor Susan Watson, of the Department ofCommercial Law.Legal Research Foundation Inc.The Legal Research Foundation, established in 1965, works in close association with the AucklandUniversity Faculty of Law. The purpose of the Foundation is to encourage legal research and writing, andto promote seminars on legal matters. The Foundation also publishes the New Zealand Law Review.The Foundation is administered by a Council consisting of a President, the Hon Justice Raynor Asher; aDirector, Mr Roger Partridge; a representative of the Law Society, members of the Faculty of Law staff,practitioners and student representatives. The Foundation has established annual prizes for legal writing.The J F Northey Memorial Book Award for the best published book, the Sir Ian Barker Published ArticleAward and the Unpublished Student Paper Award. See also Scholarships and Prizes.Membership of the Foundation is open to all and may be obtained from the Secretary, Legal ResearchFoundation, PO Box 741, Shortland St, Auckland, or by visiting www.legalresearch.org.nz. Furtherinformation may be sought from the members of the Foundation’s Council, including ProfessorRishworth, Chris Hare, Amokura Kawharu, Hanna Wilberg and Associate Professor Brown.2010 Faculty of Law Handbook | 91

New Zealand Law ReviewThe Legal Research Foundation publishes the New Zealand Law Review. This journal, which has beenwidely appreciated in New Zealand and elsewhere, is published quarterly under the editorship of HannaWilberg and Chris Hare of the Faculty of Law. It covers recent developments in New Zealand law, withcritical analysis by specialist editors.Much of the material covered in the quarterly issues will be of value to law students. Students areencouraged to take a subscription to the Review. The student price is $75. Inquiries to Barbara Relph atthe LRF office, level 1, bldg 801.New Zealand Journal of Environmental LawThe NZ Journal of Environmental Law is published by the NZ Centre for Environmental Law.It is intended to provide an outlet for longer analytical and comparative legal writing in the environmentaland natural resources law area. In addition to articles, there are sections for casenotes, legislation notes,book reviews and a discussion forum. The general Editor of the NZJEL is currently Associate ProfessorKen Palmer with an advisory editorial committee drawn from the Law Faculty and the Planning School.92 | 2010 Faculty of Law Handbook

Community PlacementCommunity Placement is an opportunity for students to enhance their legal education and gain somepractical experience. A number of students feel energised after completing their placement. After yearsof academic learning, the realities of working in a legal environment allows for a time of re-focus andconfidence in their ability to complete their legal education and participate fully and effectively aslawyers.A Community Placement may be completed as a substitute for one of the five written opinions requiredfor LAW 400 Legal Research 3. Students are required to undertake forty hours of voluntary work with acommunity group. This is normally over a period of one week and therefore most students prefer to dotheir placement during one of the semester breaks. Part III students should give serious thought tocompleting their placement over the long summer break, as there is a range of different time slotsavailable and many more students can be accommodated. Students in their final year should attempt tocomplete their placement as early as possible in the year so as not to delay enrolment for Professionalsor create Graduation difficulties.There is a diversity of groups available and these can be sourced through the Community PlacementHandbook available on the Law Faculty website or on short loan at the Law Library. Enrolment formscan be obtained from the Faculty Office, from the Co-ordinator in Room 3.03 (Bldg 801), or from the LawFaculty web pages and should be submitted at least two months before the time of the intendedplacement. On receipt of the enrolment form the co-ordinator will arrange the placement and notify thestudent of the scheduled dates and time. Students with a particular interest in an area, which is notadequately covered by the groups available, may discuss this with the co-ordinator and other groupsmay be approached. The co-ordinator is available part-time in Room 3.03 (Bldg 801).2010 Faculty of Law Handbook | 93

The Equal Justice ProjectUse your legal skills to help those in the community who cannot afford a lawyer by joining the EqualJustice Project (EJP).In Auckland, despite measures like the legal aid scheme and community law centres, many people stillcannot afford a lawyer. Pro bono work by lawyers helps to address the gap between public resourcesand unmet legal needs.Students can also play an invaluable role to promote access to justice. EJP was formed at the beginningof 2005 and has been gaining momentum ever since. EJP encourages voluntary work by Auckland lawstudents, and works closely with the faculty, community groups and the profession to createopportunities for students to work pro bono while at law school.1. Legal Clinics — students helped to run free legal clinics at the Waitakere Community Law Service.2. Street Law — students prepared and conducted legal education workshops at high schools toincrease awareness about practical aspects of the law. This may extend in 2009 through arelationship being built with the new “Law in Schools” project in Wellington.3. Refuge and Migrant Project — To promote access to justice for refugee and migrant communities,EJP members took part in a scoping study project on the unmet legal needs of migrants in Aucklandin conjunction with the Auckland Regional Migrant Services Trust and AUT.4. Human Rights Project — work alongside the Human Rights Commission and a variety ofprogressive NGO’s such as the new Auckland Disability Law Service.5. Pro Bono Project — The chance to get involved in assisting with real case-work.6. Women’s Justice and Domestic Violence Project — A small team of volunteers helped at theNorth Shore Women’s Centre and SHAKTI Women’s Refuge. This project covers a wide and crucialpart of improving access to justice in Auckland, and keen members have the opportunity to do somefantastic and important work.EJP is entirely student-run, but receives valuable assistance from its patron, Rt Hon E.W. (Ted) Thomas,and its Advisory Committee, made up of Professor Paul Rishworth, Associate Professor Scott Optican andbarrister R.P.G Haines, QC.Students are warmly invited to join EJP. Membership is open to all Part III and Part IV law students and isnon-competitive. Your marks are not important — we only want a dedication to pro bono work andaccess to justice issues.Recruitment will take place in early March and students should look out for posters on the notice boards.If you are a Part III student, please consider taking on a leadership position by applying to be a ProjectManager.For more information, please visit the website (www.equaljustice.co.nz), send an email(info@equaljustice.co.nz), or give EJP a call (3737599 ext 83834).94 | 2010 Faculty of Law Handbook

Student Exchanges360° Auckland Abroad is The University of Auckland’s extensive student exchange programme thatprovides exciting opportunities for students to complete part of their degree overseas. Exchange studentsfrom Auckland, even though they are studying abroad, continue to be registered at Auckland for thepurposes of fees, loans and allowances. To facilitate their travels, and to encourage students to considerstudying for a semester in another jurisdiction, the University of Auckland makes available a number oftravel grants and exchange scholarships.For law students, student exchanges are only possible in Part IV because at this stage of the degree onlyelective law courses are taken, and overseas courses can be chosen from outside the range of electivelaw courses already completed at the Auckland Law School. Students must complete all of the requirementsfor Law 499 Legal Practice or Law 400 Legal Research 3 before they leave on exchange, or be able tocomplete them at Auckland after their return, as these requirements cannot be completed overseas.The aim of the law exchange programme is to provide an opportunity each year for approximately 10%of the Part IV class to study abroad, taking the equivalent of 60 points of elective law courses atoverseas law schools for credit back to their Auckland law degree. At the same time, a similar number ofstudents from foreign jurisdictions will join in the elective law classes at Auckland.The Auckland Law School has entered into Law-Faculty-specific exchange agreements with law schoolsin Sweden (Stockholm; Uppsala), Denmark (Copenhagen), Norway (Oslo), Belgium (Ghent), France(Jean Moulin Lyon 3), Germany (Bucerius Law School, Hamburg), Ireland (University College Dublin), theNetherlands (Utrecht), the United Kingdom (King’s College London; Glasgow; Nottingham), Singapore(National University of Singapore), Japan (Keio University Law School), Canada (Western Ontario;Toronto) and the United States (William and Mary; Indiana; Virginia). In future we hope to developfurther law-specific student exchanges with other law schools in the United States, Europe, Asia andelsewhere.In approving student exchange destinations, the Auckland Law School will give a high priority to theselaw-specific exchange agreements. The University of Auckland has also entered into university-wideexchange agreements with other institutions. Subject to Law School approval, law students may apply toparticipate in these general university-wide exchanges if there are compelling academic or personalreasons for doing so.The selection of students for exchanges is based on the availability of places at each particular exchangedestination, taking into account the Ministry of Education’s reciprocity requirements, and academicmerit. A minimum of a B average is required in the last two semesters of study, but a higher averagemay be needed for particular exchange destinations.Students going on exchange need to receive prior approval from the Associate Dean International forthe exchange destination and the law courses they intend to study abroad, so they are guaranteed creditto their Auckland degrees on their return.Application dates for exchanges are usually some six months or so before the start of the relevantsemester at the overseas law school, but do vary.For more information about exchanges generally (including application dates and procedures), students2010 Faculty of Law Handbook | 95

are welcome to visit the Auckland Abroad Resource Centre, level 4 in the Student Commons, 2 AlfredStreet. There is also detailed information available, including links to overseas universities’ websites, atwww.auckland.ac.nz/360/.Information sessions on law exchanges will be held in the Law School each semester. Law studentswanting more information about law-specific exchange agreements should first attend one of theseinformation sessions, and then contact Paul Myburgh, Associate Dean International (Room 3.19,Building 803) if they have further questions. There are 360° of possibilities. Why not consider applyingfor an exchange?Oshni Orachchi on exchange at the University of Uppsala.96 | 2010 Faculty of Law Handbook

Students’ AssociationsAuckland University Law Students’ Society (AULSS)The AULSS offices are located at the Eden Crescent entrance to the Law School —Building 801, Level 1Website: http://aulss.org.nzTel: 373-7599, ext 85603Student membership is on a voluntary basis. An unpaid Executive elected each year during Semester 2manages the Society. Their responsibilities involve the facilitation of communication between the studentbody, the Law Faculty and The Davis Law Library. The ultimate aim is to make law school a better placefor students. Students should not hesitate to approach executive officers with their concerns. Fundraisingand sponsorship drives are needed so money can be spent on social activities, competitions,conferences, publications and grants to various groups at law school.Maximise your year by enjoying the company of peers, the executive and the wider law schoolcommunity.Social EventsKicks off with an Annual Orientation (‘Admission to the Bar’) in the first week of the semester. Thispresents a valuable opportunity to meet faculty staff, senior students and various representatives fromlaw firms. All students are welcome.Other social events provided during the year include:• BBQs• Steins• Law Revue• Round the Bays• Law School Ball• Inter-Faculty Sports exchange• PLUS MANY MORE …CompetitionsAULSS representatives organise the Minter Ellison Rudd Watts Witness Examination, the RussellMcVeagh Client Interviewing competitions and the Buddle Findlay Negotiation Competiton. The Facultyand AU LSS also acknowledge the assistance of Bell Gully with the mooting competitions. Winners ofthese competitions have the opportunity to compete against other New Zealand law schools, and ifsuccessful nationally, may compete internationally. Watch the student noticeboards for information onthese competitions.Mentoring ProgrammeThe Mentoring Programme benefits LLB II students by pairing them with a senior student to meetregularly. The senior student answers questions about law school, exam technique, study technique, lawsurvival skills and what to read. This is an invaluable experience for both the senior mentor and the PartII student. Keep a lookout for the student sign up sheets at the beginning of the year.2010 Faculty of Law Handbook | 97

The Maori Law Students GroupTihei Mauri Ora! ‘Ka puu te ruha! Ka hao te rangatahi’. Teenaa Koutou ngaa tauira kua tae mai nei ki tekura o ngaa ture. No reira, Nau mai, nau mai, nau mai. Tenaa koe and welcome to the Auckland Facultyof Law. Te Rakau Ture (TRT ) is the name of the Maori Law Students Association in which the roopuinitiates activities throughout the calender year. Currently there is a Pouawhina Maori supportcoordinator to provide support to all Maori students embarking on their legal studies. The positionprovides an interface between academic and administrative needs Come and see us. Students areinvited to make use of these services.Pacific Islands Law Students’ AssociationTalofa lava, Malo e lelei, Fakalofa atu, Kia Orana, Ni Sa Bula, Tena Koe and welcome to The Universityof Auckland, Faculty of Law. The Pacific Islands Law Students’ Association provides a fantastic social andacademic support network for Pacific law students. We encourage all students to participate and getinvolved in tutorials, sports-days, socials and seminars. An orientation barbeque will be held in thesecond week of the first semester as will the Annual General Meeting.We look forward to meeting you and wish you all the best with your study.Gay, Lesbian and Bisexual Law Student GroupThis group is primarily a support and social group which has been established at the Faculty since 1991.It is also a group to discuss legal issues affecting same sex relationships and human rights issues. Inrecent years it has operated as a network of informal contacts between staff and students. Contact theAcademic Counsellor for Lesbian or Gay Students for further information.LoveshackContrary to popular belief, Loveshack is not a strip club in Auckland but is a group of Auckland LawStudents who during semester meet once a week on campus. Loveshack (formerly known as Christians atLaw School) is a great place for people who want to meet law students from other years, get out of thelibrary for an hour and find out who this guy Jesus really is.They are linked to the wider student movement TSCF or Tertiary Students Christian Fellowship andengage in a range of activities including guest speakers, discussions and social events. Their goal is toprovide a community for people to be refreshed and also to see Law School impacted by Jesus, so thatsome of New Zealand’s future lawyers and politicians will be encouraged to live their lives in a waywhich honours God.Our email is: Loveshack@Bornagain.comSecond-Hand BookstallThe Law Students’ Society will be running a second-hand bookstall in the first two weeks of Semester 1.Books will be taken in to be sold only in the first few days. Students are advised to look for notices givingdetails of time and place where the bookshop will be open. A commission of 10% is deducted from allsales to defray expenses and subsidise law student activities.98 | 2010 Faculty of Law Handbook

Legal English for StartersThe Faculty of Law offers tutorials for currently enrolled LLB students whose first language is not English.The tutorials aim to improve law students’ writing skills. Watch the noticeboards at the beginning ofeach semester for details on starting dates.English Language SupportAn English Language tuition programme is available for students whose first language is not English. Forinformation on the courses and assistance available contact the English Language Self Access Centre,Kate Edger Information Commons Blg, on level 1, or email elsac@auckland.ac.nz.Look for more information on www.elsac.auckland.ac.nz/.The Student Learning Centre (SLC )The Student Learning Centre facilitates students’ development of effective academic learning andperformance skills. The Centre caters for the learning needs of all students at The University of Aucklandand offers the following programmes. Te Puni Wananga and Fale Pasifika provide instruction andsupport to Maori and Pacific Islands’ students respectively. The Language Exchange (LEX) helps studentsfind conversation partners in the language of interest and also offers daily English conversation classesto students who have English as an Additional Language (EAL). The SLC Undergraduate programmepresents a wide range of topics, from time management, reading and note-taking skills to general andEAL writing support. The Centre further has a Computer Skills Development programme which assistsstudents in learning various software packages such as MS Office, SPSS, EndNote, Photoshop and Flash.An annual enrolment fee of $10 entitles you access to the workshops and individual consultationsessions provided by the SLC. For more information contact:Student Learning Centre,Room 320, Level 3, Information Commons,9 Symonds Street.Phone: 373 7599 ext 88850Email: slc@auckland.ac.nzWebsite: www.slc.auckland.ac.nzStudents with DisabilitiesStudents with disabilities are encouraged to contact the Student Adviser to let her know of their needs.They should also contact the University Disability Coordinators.Their contact details are:Telephone: 373 7599 ext 88808 oremail: disabilities@auckland.ac.nz.Website: www.disability.auckland.ac.nz2010 Faculty of Law Handbook | 99

Scholarships, Prizes andFinancial SupportEach year a number of scholarships and prizes are provided by the legal community and the Universityto students who demonstrate aptitude and excellence within their fields of legal study. Students areencouraged to apply for these awards and benefit from the experience gained in compiling theircurriculum vitae and participating in the interview process.The University of Auckland Scholarships Office is situated in Room 012 of the ClockTower.Their services include: the advice and administration of scholarships, prizes and awards; administrationof The University of Auckland Access Awards; advice on all funding available to enrolled studentsincluding loans, allowances and StudyLink benefits; financial assistance to enrolled students in financialhardship with grants and interest-free loans from the Student Emergency Fund. For financial queries andconcerns students can call into the office or email scholarships@auckland.ac.nz.The following are the scholarships, prizes and awards applicable to Law students. More detailedinformation is available in The University of Auckland Scholarships, Prizes and Awards Handbook 2010.Website: www.auckland.ac.nz/scholarships.Senior Scholarships and Senior Prizes in LawSenior Scholarships and Senior Prizes are awarded annually to law students who have completed therequirements that would enable them to graduate LLB by the end of the summer school.For each completing student a weighted GPA is calculated based on all the law courses taken for thedegree i.e. it is based on the grades for all compulsory and elective law courses taken within the LLB,weighted according to the points attaching to each course. It does not include the non-law courses fromLLB Part I, nor the Honours seminar or dissertation.Senior scholarships are awarded to the three completing students with the best GPAs calculated asabove; Senior Prizes (up to the number of prizes available) are awarded to the next-ranked students.For the purposes of calculating scholarships and prizes in the Faculty of Law, the academic yearcommences with Semester One and finishes with Summer School of the following calendar year ie Marchthrough to February.Access AwardsThe purpose of The University of Auckland Access Awards is to support students who have demonstratedthe academic potential to succeed and who will face significant financial hardship in pursuing theirprogramme.Value VariableEligibility N Z citizens or permanent residents enrolling in a full-time programmeClosing date 10 September for new students and 30 November for returning studentsApplication forms available from the Scholarships and Financial Support Office.100| 2010 Faculty of Law Handbook

ScholarshipsA G Davis Scholarship in LawValueVariableEligibility Academic excellence, financial needClosing date 31 October. Application form or letter to Scholarships OfficeSir Alexander Johnstone Scholarship in LawValue $1,800Eligibility Full-time student enrolled for LLB or LLB(Hons) having completed at least two Part II courses,academic excellenceClosing date 31 October. Application form or letter to Scholarships OfficeDavid R Mummery Memorial Scholarship(s) in LawValue $5000Eligibility Up to two full-time students doing Part II courses, academic merit, leadership qualities, financialhardshipClosing date 31 March. Application form or letter to Scholarships OfficeAWLA Scholarship — Margaret Wilson ScholarshipValue $2,000Eligibility Female law student. Awarded on basis of academic merit and financial need.Application Date August/September. Enquiries AWLA P O Box 6568, Wellesley Street, AucklandBrookfields Lawyers ScholarshipValue $5,000Eligibility Completed Part II courses, academic merit, all round abilityApplication Date 31 March. Application form from Scholarships OfficeMartyn Finlay Memorial ScholarshipValue $1,500Eligibility Full-time student in LLB or LLB(Hons) Part III, demonstrating academic merit, financial hardship andcommitment to the communityApplication Date 31 March. Application form from Scholarships OfficeMarylyn Eve Mayo Endowment ScholarshipValue $2,500Eligibility Full-time student in LLB or LLB(Hons) Part III, academically able and demonstrably sufferingfinancial hardship.Application Date 15 April. Application form from Scholarships OfficeNew Zealand Law Foundation Ethel Benjamin Scholarship (For Women)ValueUp to $20,000 for NZ Study or $50,000 for overseas studyEligibility Graduates who are a NZ Citizen or Permanent Resident, hold a NZ university law degree withhonours and who have been accepted into a graduate law course either in NZ or overseas.Application Date 1 March. Application form from NZVCC website:ww.nzvcc.ac.nz or www.nzvcc.ac.nz/scholarships/ethelbenjamin2010 Faculty of Law Handbook | 101

Russell McVeagh Law ScholarshipsValue$2,000 plus mentoring and work observationEligibility Enrolled preferably in LLB Part IIApplication Date End of August. Application forms from the Law School Reception Office or Russell McVeagh website:www.russellmcveagh.comSimpson Grierson Law ScholarshipsValue3,000 and Summer employmentEligibility Full-time LLB or LLB(Hons) students who in the year following application will be enrolled in theirpenultimate year of study (in either a single or double degree programme).Application Date 1 September. Application forms from Scholarships Office or Simpson Grierson website:www.simpsongrierson.comSpencer Mason Postgraduate Scholarship in NZ LawValue Up to $5,500Eligibility Graduates seeking to study for a Masters degree or PhD in Law. Applicant must reside in thedistrict of Auckland Law Society. Thesis to be a topic related to NZ Law.Application Date 31 October. Application forms to the Secretary for the Trustees, c/-New Zealand Guardian Trust Company Limited, PO Box 1934, AucklandSpencer Mason Travelling Scholarship in LawValueUnspecifiedEligibility Graduates who reside in the district of Auckland Law Society and who are proceeding to a degreeor diploma in Law at a University abroad.Application Date 31 MarchStanley and Catherine Tong ScholarshipValueUnspecifiedEligibility Any law student or law graduate (further information available from Auckland District Law Society).Application Date 31 March and 30 NovemberStaples Rodway Auckland Law ScholarshipValue $3000Eligibility Final year students enrolled in a BCom and LLB conjoint degree and have passed, enrolled orproposing to enrol in a tax courseApplication Date 31 October. Application forms from Scholarships Office.102| 2010 Faculty of Law Handbook

PrizesAuckland District Law Society PrizeValue $1,000Eligibility Best undergraduate record of LLB or LLB(Hons)Application Date NoneAuckland University Law Review Prize for Legal WritingValue $200Eligibility Student who submits best legal writing to AULRApplication Date NoneAWLA Writing PrizeValue $250Eligibility 7,000–10,000 word essay relating to women and the lawClosing Date September14, further information from AWLA PO Box 6568, Wellesley Street, AucklandBaldwin’s Law and Information Technology PrizeValue $500Eligibility Most meritorious student in LAW 438 Law and Information TechnologyApplication Date NoneBrooker’s Employment Law PrizeValue$500 of which $250 will be in book tokensEligibility The best LLB or LLB(Hons) student in LAW 430 Employment LawApplication Date NoneBrooker’s Prize in Torts and ContractValue $200Eligibility Student completing Part II with highest aggregate marks in LAW 231 Law of Torts and LAW 241Law of ContractApplication Date NoneAuckland District Society of Notaries Conflict of Laws PrizeValue $1000Eligibility Most meritorious student in LAW 420 Conflict of LawsApplication Date NoneDavies - Sproule Memorial PrizeValue$200 for books and a book plateEligibility Student who has done best work in LAW 407 Advanced Family Law or LAW 426 Family LawApplication Date NoneJ P Campbell PrizeValue$500 for booksEligibility Completion of LLB or LLB(Hons). Best work in any two final-year electivesApplication Date None2010 Faculty of Law Handbook | 103

Brooker’s Prize for Civil ProcedureValueCopies of McGechan on Procedure and McGechan High Court Rules booksEligibility Student with best result in LAW 413 Civil ProcedureApplication Date NoneF A de la Mare Memorial PrizeValueVariesEligibility Student with best academic record in LLB Part III (Land Law, Equity, Jurisprudence, Legal Research2 and elective courses totalling 55 points)Application Date NoneDesmond Lewis Prizes in International LawValue$1000 for booksEligibility Awarded to the two students who have done the best work in LAW 435 Public International LawApplication Date NoneGreg Everard Memorial Prize for MootingValue $1,500Eligibility Winner of the annual Greg Everard Memorial Moot. Entrants need to have already participated inone of the Faculty’s moots.Application Date NoneGary Davies Memorial PrizeValueSilver medallionEligibility Two winners of Sir Robert Stout Moot ShieldApplication Date NoneKarina Williams Prize in LawValue $1000Eligibility Student of New Zealand Maori descent who has the best undergraduate record of LLB or LLB(Hons)Application Date NoneLallu Ram Sharma Prize in Pacific Legal StudiesValue $100Eligibility Student with best research essay in LAW 486 South Pacific Legal StudiesApplication Date NoneLexisNexis Prize in Land LawValue$1000 value of books published by LexisNexisEligibility Student with best work in LAW 301 Land LawApplication Date NoneLowndes Jordan Prize in Corporate Legal StudiesValue $1000Eligibility Best student in Corporate Legal Studies coursesApplication Date None104| 2010 Faculty of Law Handbook

LEADR Prize in Negotiation, Mediation and Dispute ResolutionValue$500 for booksEligibility Most meritorious full-time LLB or LLB(Hons) student in LAW 447 Negotiation, Mediation andDispute ResolutionApplication Date NoneDr R G McElroy Prize in Administrative LawValue $700Eligibility Best student in LAW 402 Administrative Law or LAW 403 Advanced Administrative LawApplication Date NoneWilson Harle Prize in Commercial LawValue$1000 and copy of the book Goode on Commercial LawEligibility Best student in LAW 415 Commercial LawApplication Date noneShortland Chambers Prize in Public LawValue $1000Eligibility Best student in LAW 211 Public LawApplication Date noneMeltzer Mason Heath Prize in Company LiquidationsValue $500Eligibility Best Student in LAW 422 Company Liquidations or LAW 470 Creditors’ Remedies if LAW 422 isnot offered in a particular academic yearApplication Date noneA J Park Intellectual Property Law PrizeValue $1,000Eligibility Most meritorious student in LAW 432 Intellectual PropertyApplication Date NoneGeoffrey Powell PrizeValue $75Eligibility Best mooter in the Stout Shield Mooting CompetitionApplication Date NoneNew Zealand Law Review PrizesValue3 years’ subscription to NZ Law ReviewEligibility Best aggregate marks in LAW 121/LAW 121(G) Law and Society, LAW 131 Legal Method and LLBPart II coursesApplication Date NoneSimpson Grierson Employment Law PrizeValue $1,500Eligibility Best student in each LAW 430 Employment Law classApplication Date None2010 Faculty of Law Handbook | 105

Other AwardsBanking and Financial Services Law Assn Ltd Research PrizesValueA $7,500 first prize and A$5,000 second prizeEligibility Research essay on important issues of current banking and financial services law and practicerelevant to Australia and/or New ZealandApplication Date June, further information from BFSLA Secretariat, PO Box 6127, Mitchelton Qld, or BFSLA website:www.bfsla.orgFWW Rhodes Memorial ScholarshipValue$2,200 (annual value)Eligibility Former Auckland Grammar School pupils seeking to pursue postgraduate studies overseas.Application Date 1 October. Enquiries to Board Secretary, Auckland Grammar SchoolIntellectual Property Society of Australia and New Zealand Inc PrizeValueA $5,000 plus complimentary attendance at the IPSANZ Annual Conference, includingaccommodation and airfaresEligibility Any student who writes an unpublished essay of between 5,000 – 10,000 words in lengthdisplaying original thinking in an area of intellectual property of the author’s choice.Application Date 1 May. Enquiries to IPSANZ, GPO Box 2491, Melbourne Vic 3001Legal Research Foundation Unpublished Student Paper AwardValue $1,000Eligibility Best unpublished paper, article or dissertationApplication Date NoneLoman Friedlander Award (Awarded by NZ Institute of Patent Attorneys)Value $1,000Eligibility Students who are studying Intellectual Property who submit a 5,000 to 15,000 word paper on anytopic falling within the general area of Patents, Trade Marks, Designs, and Copyrights.Application Date 30 November. Papers should be submitted to the NZIPA Secretary at PO Box 5116, Wellington.Minter Ellison Rudd Watts InternshipsEligibility Students in Part II LLBApplication Date August/SeptemberResource Management Law Association Graduate ScholarshipValue $10,000Eligibility Graduate Student. To provide one scholarship for study at any NZ University.Application Date 1 October. Application packs from Scholarships Office or NZVCC website: www.nzvcc.ac.nz106| 2010 Faculty of Law Handbook

Scholarship andPrize WinnersThe University of AucklandScholarships for 2008A G Davis Scholarship in LawAlix BobergAuckland Women Lawyers’ AssociationScholarshipJennifer DevlinSir Alexander Johnstone Scholarship in LawAlix BobergBrookfields Lawyers ScholarshipSamuel ClearwaterDavid R Mummery Memorial Scholarship inLawEn Ling Elena ChingSimon GreeningMartyn Finlay Memorial ScholarshipNatasha LewisMarylyn Eve Mayo Endowment ScholarshipEmily McWattSimpson Grierson Law ScholarshipKiri TokiVarvara ZapisetskayaStaples Rodway Auckland Law ScholarshipJaime PangSenior Scholarships 2008James CairneyAnna CroweJennifer DevlinAnthea MarksteinRose WangSenior Prizes 2008Jacobus BarnardMartin BaxElizabeth BlytheAndrew BrittonChloe CampaysPetra CareyMan Ying Nessie ChanRosemary ChildsHenry ChungSamuel ClearwaterJordan CoxLeighton CoxTamina CunninghamRiaia DonaldWing Yan Josephine FokWilliam FotherbyKate FrankishPratistha GautamDanielle GrahamZoe HamillKeefe-Martin Wang Zhou HanChristopher HodgesWee Fen Jacqueline HowBronwyn InksterLara JohansenEvlogui KabzamalovGracia Sung Hee KimSophie KlingerPhilip LeightleyCarl Xin LiSabina MacintyreCatherine McGrathKate MillsMichelle NeedhamFarzana NizamOlga ObushenkovaBriar RichardsonMarcus RobertsYi Xin Amanda TohDavid Tong2010 Faculty of Law Handbook | 107

Matthew ToulminLisa TrassMonique Van BellenKatherine VenningChloe WilliamsEddie Yang YangHannah Yiu2008 Annual PrizesAuckland District Law Society’s PrizeJennifer DevlinAnnual Prize in Commercial LawCarl Xin LiAnnual Prize in EquitySamuel BeswickAnnual Prize in Land LawAlix BobergAuckland District Society of NotariesConflict of Laws PrizeAnthea MarksteinBaldwin’s Law and Information TechnologyPrizeSabina MacintyreBell Gully Prize in AdvocacySally TraffordBrian Shenkin Memorial MootShelley KopuJennie MarjoribanksBrooker’s Prize for Civil ProcedureJessica NeedhamBrooker’s Employment Law PrizeHeather TuckerBrooker’s Prize in Torts and ContractHamish McqueenIan CribbensDesmond Lewis Memorial Prize inInternational LawNatasha LewisF A de la Mare Memorial PrizeAlix BobergGary Davies Memorial PrizeSamuel ClearwaterSally TraffordGeoffery Powell PrizeSally TraffordGreg Everard Memorial Prize for MootingJames HerbertJ P Campbell PrizeJennifer DevlinKarina Williams Prize in LawTamina CunninghamLallu Ram Sharma Prize in Pacific LegalStudiesReece AutagavaiaLexisNexis Prize for Land LawAlix BobergLowndes Jordan Prize in Corporate LegalStudiesLara JohansenMeltzer Mason Heath Prize in CompanyLiquidationsJoanne DicksonAlan W Mewett Memorial Prize in EvidenceJames CairneyGrace ChurchSally TraffordDavies-Sproule Memorial Prize108| 2010 Faculty of Law Handbook

Dr R G McElroy Prize in Administrative LawDanielle KellyNew Zealand Law Review PrizeMax HarrisHamish McqueenAmy TiongA J Park Intellectual Property Law PrizeLeighton CoxShortland Chambers Prize in Public LawBenedict TompkinsSimpson Grierson Employment Law PrizeHeather TuckerWilson Harle Prize in Commercial LawCarl Xin Li2009 Award WinnersGreg Everard Memorial MootSamuel HiebendaalGary Davies Memorial Prize (Stout ShieldMoot)Desley HortonBen PrewettBaldwins Law and Information TechnologyPrizeRaymond ScottBell Gully Prize in AdvocacyBenjamin PrewettBrooker’s Prize for Civil ProcedureJia Ern Joyce TanDesmond Lewis Memorial Prize inInternational LawLuke DixonMeltzer Mason Heath Prize in CompanyLiquidationsMichael LakeKim ShearstoneMartyn Finlay Memorial ScholarshipElla BurtonMarylyn Eve Mayo Endowment ScholarshipLeigh Angela WalkerBrian Shenkin Memorial Family Law MootAshley AytonHarriet BoydKiely Thompson Caisley Employment MootEmma KurtovichKatie GreenBell Gully National Mooting CompetitionDesley HortonBen PrewettA J Park Intellectual Property Law PrizeMatthew Devine2010 Faculty of Law Handbook | 109

CareersAuckland’s law degree will give you a foundation of knowledge and skills that can lead to many differentcareers. About half of our graduates begin their careers in law firms, both large and small, in Aucklandand elsewhere in New Zealand. The rest of our graduates are found in other professional firms (such asaccounting or consulting), commerce and industry, local government, government departments,universities, and international and community organizations. The Auckland LLB is highly regarded byoverseas employers. You will find our graduates in firms, companies and organizations in the UnitedKingdom, the United States, Australia, Hong Kong, Singapore and numerous other countries.The University Careers Centre can assist you with your career planning and job search throughout thecourse of your studies. The Careers Centre provides assistance to law students through workshops,seminars and a drop-in service at Law School. You will find the Careers Centre in Room 001 of TheClockTower, 22 Princes Street and on the web at http://www.auckland.ac.nz/uoa/home/for/currentstudents/cs-career-planning/university-careers-serviceVisit the Centre to discuss your career options, getyour CV and letters reviewed, attend a workshop, have a mock interview or use the extensive resources.The Faculty of Law, in cooperation with the Careers Centre assists students to participate in the LawGraduate Recruitment Programme in March each year. The firms that participate in this programme aremostly (but not exclusively) national and medium to large law firms. They recruit for two types ofpositions; Summer Clerks (summer work typically for Part III students) and Law Clerks (for final-yearstudents seeking graduate positions). Summer Clerk opportunities often lead to employment after yourstudies have finished.The Careers Centre advertises job vacancies online at www.careerhub.auckland.ac.nz. Employerpresentations are also advertised and it is recommended that students attend these for anyorganisations that they wish to apply to. Recruitment by tax consultancies, key government departments,management consultancies and accounting and finance firms also occurs throughout March. In Mayeach year a general Careers Fair is held. Attendance at this will help students gain more informationabout the wide range of career options available to law graduates.University Careers Services organise Careers Seminars throughout the year down at Law School. Watchthe noticeboards on Level 2 for dates and times. The Careers drop-in service at Law School operates onMondays from 1.30 to 2.30 from Room 3.08, opposite the Law School Reception Office. This is animpartial service. You can discuss anything you want about jobs and careers, including what’s out thereand how to get into it.110| 2010 Faculty of Law Handbook

Staff of the Faculty of LawProfessorsProfessor Rick BigwoodPhD ANU, LLB(Hons)Rick Bigwood teaches and writes principally in the field of contract law. He is also the Director of theResearch Centre for Business Law in the Faculty.Professor Klaus BosselmannDr Iur FU BerlinKlaus Bosselmann teaches in the areas of environmental law, international law and governance,comparative law, European law and jurisprudence. He is Director of the New Zealand Centre ofEnvironmental Law, Chair of the IUCN Commission on Environmental Law Ethics Specialist Group,executive member of various national and international environmental organisations and has been avisiting professor at universities in the USA, Brazil, Italy, Sweden and Germany. His current researchfocus is on legal issues related to biodiversity, climate change, environmental rights, ecological justiceand multi-level governance. He has published numerous books and articles on environmental law.Professor Warren BrookbanksLLM BDWarren Brookbanks specialises in criminal law and psychiatry and the law and has written extensivelyin both areas. In 2007 he published a third edition of the co-authored text, Simester & Brookbanks,Principles of Criminal Law. Mental Health and the Law, co-authored with Sylvia Bell, and now in itssecond edition, explores the interaction between the mental health system and the law. Anotherpublication in 2007 Psychiatry and the Law co-edited with Dr Sandy Simpson, examines a range of issuesaround forensic psychiatry and law. Warren has been involved in professional consultation for variousorganisations including the New Zealand Law Commission, the Mental Health Commission and theMinistry of Health and is a regular speaker at professional conferences. He was a founder of theOdyssey House Trust and is a former President of the Australia and New Zealand Association ofPsychiatry, Psychology and Law (ANZAPPL).Professor Bruce HarrisLLB(Hons) Otago, LLM Harv.Bruce Harris teaches Public Law and the LLB(Hons) seminar Studies in Public Law. Formerly he has beena litigation lawyer in private practice, lecturer at the University of Otago and Dean of Law at bothOtago and The University of Auckland. He is currently a member of the University Council. His researchinterests are particularly related to the law underpinning the structure and functioning of government.His latest publication is “Replacement of the Royal Prerogative in New Zealand” (2009) 23 NZULR285‐314.Professor Jane KelseyLLB(Hons) Well., BCL Oxf., MPhil Camb., PhDJane Kelsey is committed to critical socio-legal scholarship which brings law into contact with politics,economics, social justice, colonialism and international relations. Jane has written numerous books,reports and many articles on the restructuring of the New Zealand state since 1984, the Treaty ofWaitangi and globalisation. She teaches in areas of law and policy, international economic regulationand law and society. She is a frequent speaker and participant in national and internationalforums on colonialism, globalisation and structural adjustment.2010 Faculty of Law Handbook | 111

Professor Paul RishworthLLB(Hons), MJurPaul Rishworth is the Dean of the Faculty of Law. His research interests and publications are in the fieldof international, domestic and comparative human rights law, and South Pacific legal studies. He is thecontributor on Human Rights to the New Zealand Law Review. He is co-author of Rishworth, Huscroft,Optican & Mahoney, The New Zealand Bill of Rights (Oxford University Press:2003).Professor Peter WattsLLB(Hons) Cant., LLM Camb.Peter Watts’ primary fields of teaching and research are the law of restitution, company law, and agencylaw, with further general interests in commercial law and equity. He is NZ contributing editor of theRestitution Law Review, and an editor of Morison’s Company and Securities Law and the Company andSecurities Law Bulletin. He is also the current editor of the leading UK text, Bowstead & Reynolds onAgency.Professor David V WilliamsBA LLB Well., BCL, DipTheol Oxf., PhD Dar.David Williams has taught in Tanzanian and New Zealand universities. He also practised for some yearsas a lego-historian independent researcher and as a barrister in Waitangi Tribunal proceedings andTreaty settlement negotiations. He teaches Legal History (his primary scholastic passion) and Part Icourses of the LLB. He supervises a number of PhD students. He is the author of books on the originsof the Native Land Court in the nineteenth century and on Crown policy concerning Maori culturalknowledge systems, and he has contributed to a number of books on legal history and indigenous lawissues.Associate ProfessorsAssociate Professor Peter Devonshire LLB(Hons) Birm., LLM Alta., PhDPeter Devonshire teaches Equity and elective papers on Personal Property and Equitable Remedies.Peter’s research interests include remedies, mortgage law and civil procedure. His articles haveappeared in leading journals in New Zealand and overseas. Peter is a section editor of the New ZealandBusiness Law Quarterly and a co-editor of the New Zealand Universities Law Review.Associate Professor David GrinlintonBA Massey, LLM W.Aust., LLB(Hons)David Grinlinton’s teaching and research interests include real property law, mining and energy lawand resource management law. He has published extensively on these subjects in New Zealand andinternationally. Prior to joining the Law School he spent time in legal practice. He is the General Editor ofthe LexisNexis Resource Management Bulletin and a member of the editorial board of the New ZealandJournal of Environmental Law.Associate Professor Bill HodgeBA Harv., JD Stan.Bill Hodge is the author of Criminal Procedure in New Zealand and joint author of Torts in New Zealandand Brooker’s Employment Contracts and Brookers Employment Law. Bill was a founding member of theInstitute of Employment Arbitrators and Mediators, and is on the panel list (Employment Law) of theArbitrators and Mediators Institute of New Zealand. Bill was a member of the Employment Tribunal,1999-2002.112| 2010 Faculty of Law Handbook

Associate Professor Joanna ManningMCompL George Wash., BA LLB(Hons)Joanna Manning specialises in Health Care Law and the Law of Torts. Her research interests andpublications concentrate primarily on current legal and ethical issues in the Health Care Law field andmedico-legal aspects of Tort Law, such as issues relating to medical negligence, consent to treatment,patients’ rights and accident compensation. She is an author of Medical Law in New Zealand (2006),New Zealand’s leading textbook on medical law, and is the lawyer member of the National EthicsAdvisory Committee.Associate Professor Paul MyburghBA(Hons), BLC, LLM Pret.Paul Myburgh’s teaching and research interests include maritime law, conflict of laws, internationalbanking and trade finance, international trade law, contract law and comparative law. He has writtenseveral articles and monographs on maritime law, aviation law and transport law generally. He is theNew Zealand correspondent for the Lloyd’s Maritime and Commercial Law Quarterly and maintains aweb site on New Zealand maritime law. Before joining the Faculty of Law, Paul lectured in the Faculty ofLaw at Victoria University of Wellington, and the Department of Commercial Law at the University ofAuckland.Associate Professor Scott OpticanBA Calif., MPhil Camb., JD Harv.Associate Professor Scott Optican is currently the Associate Dean for Alumni & Advancement. Scottholds a Masters (MPhil) degree in Criminology from the University of Cambridge, a Juris Doctor (JD)from Harvard Law School, and a BA degree in Rhetoric from the University of California at Berkeley.Scott was a Judges’ clerk in US Federal District Court in New York, spent time as prosecutor with theNew York County District Attorney’s Office, and interned at the United Nations Crime Prevention andCriminal Justice Branch in Vienna, Austria. He specialises in the law of evidence, criminal procedure,comparative criminal procedure and the NZ Bill of Rights. Scott has been a visiting professor at theUniversity of Oregon School of Law (US), the University of Western Ontario Faculty of Law (Canada), theUniversity of Kansas School of Law (US), the Institute for Global Understanding of Law at BahcesehirUniversity (Istanbul, Turkey), and the University of Haifa Global Law Program (Israel). He is co-author ofRishworth, Huscroft, Optican & Mahoney, The New Zealand Bill of Rights (Oxford University Press: 2003)and Mahoney, McDonald, Optican & Tinsley, The Evidence Act 2006: Act and Analysis (Brookers: 2008).Associate Professor Ken PalmerLLM Harv. & Auck., SJD VirginiaKen Palmer’s teaching and research interests include local government law, resource management andenvironmental law. He is author of Planning Law in New Zealand, Local Government Law in NewZealand and Planning and Development Law in New Zealand. He has published extensively on localgovernment and resource management law in academic journals in New Zealand and abroad. He is acontributing author to D Nolan, Environmental and Resource Management Law in NZ (2005). He iseditor of the New Zealand Journal of Environmental Law.Associate Professor Pauline Tapp LLB(Hons), MJurPauline Tapp teaches FamilyLaw, Law of Family Property, and Advanced Family Law. She has a specialresearch interest in the United Nations Convention on the Rights of the Child, The Children and YoungPersons and their Families Act 1989, and care and protection of children.2010 Faculty of Law Handbook | 113

Associate Professor Rosemary TobinDip Ed Massey, BA LLB(Hons), MJur, PhDRosemary Tobin is currently the Dean of Students. She teaches one stream of torts and the Honoursseminar paper in Media Law. Her research interests include torts and accident compensation,defamation and other areas of media law, including privacy law. Her recent publications reflect theseinterests and include papers on the relationship between the common law and the accidentcompensation scheme, and aspects of the law of defamation and privacy.Associate Professor Julia TolmieLLM Harv., LLB(Hons),Prior to Julia’s appointment to The University of Auckland she taught at the University of Sydney for 10years. She has also been a visiting scholar at the Universities of Ottawa, Golden Gate and Berkeley. Shehas researched and published on the subjects of battered woman’s syndrome and intoxication ascriminal defences, fathers’ rights groups and child contact arrangements in circumstances of domesticviolence in the context of family law, and corporate social responsibility.Senior LecturersAlison ClelandLLB(Hons) Edin., LLM Leic., DipLP Edin.Alison teaches contract law and legal method, co-teaches the Youth Justice elective with Khylee Quinceand contributes to the advanced family law elective. Her primary areas of research are child protectionlaw, youth justice and the rights of the child in family law proceedings. As an associate partner in privatepractice in Scotland, Alison represented young people in care and protection and juvenile justice cases.She began teaching in 1999.Treasa DunworthLLM Harv., LLB(Hons)Treasa teaches Public International Law , International Criminal Law and the Law of Armed Conflict. Herprimary area of research is the international law of arms control and disarmament, internationalinstitutions, and the relationship between domestic and international law. Prior to Treasa’s appointmentto the University of Auckland, she worked in The Hague for several years in the arms control area. Herrecent publications include a book chapter on Biosecurity in New Zealand and the role of Legal Advisorsin international organisations.Caroline FosterBA LLB(Hons) Cant., LLM, PhD Camb.Caroline Foster teaches Public International Law at Masters level, as well as Law of the Sea andAntarctica, and Public Law, in the LLB programme. Her research interests lie in the fields of internationaldispute resolution, international environmental law and trade, human rights, law of the sea and the lawrelating to Antarctica. Caroline was previously employed by the Ministry of Foreign Affairs and Trade,from 1992 - 1999. She publishes in law journals internationally and in New Zealand.114| 2010 Faculty of Law Handbook

Kris GledhillBA Juris Oxon., LLM Virginia, PGCertAcadPracKris Gledhill teaches in the areas of criminal law and human rights, and also torts. He has recentlytransferred to academic life after a career as a barrister in England, where he practiced in criminal andpublic law, particularly in the fields of mental health law and prisoners? rights, and appeared in anumber of precedent-setting cases. He is also a law reporter, editing the Mental Health Law Reports andthe Prison Law Reports, and has published numerous articles and texts, most recently a case book onmental health law in England and a co-authored case book on mental health law and internationalhuman rights. His main research interests at present are the use of psychological risk assessment toolsin the legal process and comparative human rights law.Christopher HareMA Camb., LLM Harv., BCL Oxon.Christopher Hare’s teaching and research interests include the law of obligations generally, commerciallaw, company law, banking law, international trade and the conflict of laws. He was a barrister in aLondon chambers specialising in domestic and international banking litigation before being appointed afellow of Jesus College, Cambridge, where he lectured in the Cambridge University Law Faculty for fiveyears before joining The University of Auckland’s Faculty of Law in 2005. His current research focuses ontrade finance, banking law and company law, and he is co-editor of the New Zealand Law Review.Amokura KawharuLLM, Camb., BA LLB (Hons)Amokura Kawharu teaches Land Law, Commercial Arbitration and International Economic Regulation inthe LLB programme. Her research interests include the regulation of international trade andinternational disputes settlement. Amokura previously worked as a solicitor in Auckland and Sydney,specialising in commercial law. She is of Ngapuhi and Ngati Whatua descent.Michael LittlewoodPhD Hong Kong, BA LLB(Hons)Michael Littlewood specialises in tax. In addition to New Zealand tax, his work has mostly been in theareas of Hong Kong tax, Chinese tax, international tax, comparative tax, tax planning, tax policy, thepolitics of taxation, tax history and constitutional aspects of taxation. His work has been published in theUS, the UK, Hong Kong, China, the Netherlands, Australia and New Zealand.Georgos MousourakisLLB Athens, MSc Manc., PhD Edin.Georgos Mousourakis teaching and research interests are in the areas of comparative law, Roman law,jurisprudence, criminal law and criminology. He taught in both Australia and Japan prior to rejoining theFaculty of Law at The University of Auckland.Peter SankoffBA Concordia Alta., JD Tor., LLM Osgoode HallPeter Sankoff’s teaching and research interests include the criminal justice system, the law of evidence,trial procedure, victims’ rights and the relationship between animals and the law. He is the author of thePortable Guide to Witnesses (2006), and the co-author of two books: the looseleaf text Witnesses, atreatise on the substantive, evidentiary and procedural law relating to witnesses, and Manning, Mewettand Sankoff on Criminal Law, 4th ed. (2009), a Canadian treatise on substantive criminal law. Peter isalso the co-editor of Animal Law in Australasia: A New Dialogue (2009).2010 Faculty of Law Handbook | 115

Elsabe SchoemanBLC Pret., LLD S.Af.Elsabe Schoeman teaches and researches in conflict of laws (private international law). Her main focus ison jurisdiction and choice of law in transborder litigation involving international contracts, torts, propertyand family law. She has published several articles and contributions to books in those fields, as well as amonograph on private international law.Paul SumpterLLM Lond., LLB, MAPaul Sumpter specialises in intellectual property law, an area in which he practised over many yearsprimarily in Auckland but also in Sydney. He is the author of “Trade Marks in Practice” and “IntellectualProperty: Principles in Practice”, a member of the Copyright Tribunal and a consultant to ChapmanTripp, solicitors,Auckland, Wellington and Christchurch.Nin TomasBA LLB(Hons), PhDNin is from Te Tai Tokerau (Northland). Her teaching and research includes legal method and differentconceptualisations of law as a process for regulating relationships amongst people. It includescomparative-based studies between tikanga Maori and Pakeha law, the legal process and justice, and itsapplication by the judiciary. Nin’s research interests include indigenous peoples’ property and resourcerights, and the development of indigenous law and justice systems.Hanna WilbergBA LLB(Hons) Otago, BCL MPhil Oxf.Hanna teaches Public Law, Torts, Judicial Review and Public Authority Liability. Her research rangesacross administrative law, public authority liability, the NZ Bill of Rights, the Treaty of Waitangi, andstatutory interpretation. Prior to joining the faculty, she taught in the UK, practiced law at the CrownLaw Office and worked as a Judges’ Clerk at the Court of Appeal.LecturersMohsen al AttarBCL Ott., LLM Texas, LLM StockholmMohsen specialises in public/private international law with particular interest in trade and human rightsmatters. His research focuses primarily on Third to First World legal relations, the impact socialmovements have on the direction of international law, and the emancipatory potential of participatorylawmaking. In addition, Mohsen teaches Islamic law and has recently received a substantial grant toexamine whether the Siyar — international Islamic law — might be useful in helping to shape a moreequitable global trading regime. Finally, Mohsen is also passionate about critical legal pedagogy andtheability of education to undermine many of the established and illegitimate hierarchies we often take forgranted.Richard EkinsBCL, MPhil, DPhil Oxon., BA LLB(Hons)Richard teaches Jurisprudence and Statute Law. His research interests are in legal and politicalphilosophy and constitutional law and theory, with particular emphasis on legislative authority andstatutory interpretation. He has worked as a Judges Clerk at the Auckland High Court and taughtconstitutional law and jurisprudence at Balliol College, Oxford.116| 2010 Faculty of Law Handbook

John IpBA, LLB (Hons), LLM (Columbia)John teaches Law and Society, Public Law, and Counterterrorism Law and Policy in the LLB programme.His research interests include counterterrorism and human rights, criminal justice, and law and popularculture. Prior to joining the Faculty of Law, he worked on Guantánamo Bay and death penalty litigationat an NGO in the United States, and was a Judges’ Clerk at the Auckland High Court.Kerensa Carter JohnstonBA LLB Well., LLMTena koutou katoa, tenei te mihi ki a koutou katoa mai te uri a Taranaki. Nau mai, haere mai ki Te WhareWananga o Tamaki Makaurau. Kerensa is of Maori (Ngaruahinerangi) and Scottish descent. She teachesContemporary Tiriti Issues, Land Law and Legal System. Her research interests include constitutional lawand international human rights law, and the law and its relationship to tikanga Maori (Maori custom law).Khylee QuinceBA LLB(Hons) LLMTena koutou katoa nga hunga akonga e hiahia ana ki te uru mai ki tenei wananga. Ko tetaki mokopunaahau na Te Roroa me Ngati Porou no te whenua a Te Tai Tokerau me Te Tai Rawhiti. Khylee is from theiwi of Te Roroa/Ngapuhi and Ngati Porou, and practiced as a criminal and family lawyer before joiningthe Faculty. Her teaching responsibilities include Criminal Law, Jurisprudence, Women and the Law andYouth Justice. Khylee has published research on Maori women in prison, Maori in the criminal law,dispute resolution and Maori and privacy. She is currently researching Maori and private prisons, andcomparative legal education of indigenous students.Katherine SandersLLM Yale, BA/LLB (Hons)Katherine’s research interests include public law, the law of property, administrative law and legalhistory. Before joining the Faculty, Katherine practised public law at the Treasury Solicitor’s as part ofthe Government Legal Service in London and worked as a Judge’s Clerk at the Supreme Court ofNew Zealand.Valmaine TokiLLM, MBA Tas., BA LLB(Hons)Tena koutou katoa. Ko Aotea te motu, Ko Ngati Rehua te iwi. Valmaine teaches in the area ofJurisprudence, Contemporary Maori Issues and Law and Society. Her research interests lie in the area ofhuman and indigenous rights, therapeutic jurisprudence and resource management.Gordon WilliamsBCom, LLMGordon Williams has teaching and research interests in the areas of Creditors’ Remedies, Taxation,Company Law, Insolvency Law, Trusts and Equitable Remedies.Senior TutorStephen PenkMA PGDA Otago, BA LLB(Hons) LLMStephen has an extensive background in University administration and is the Associate Dean. As SeniorTutor in Law he teaches in the foundational courses Legal Method and the Law of Torts, and the PrivacyLaw elective. His research interests include privacy, damages and the doctrine of vicarious liability.2010 Faculty of Law Handbook | 117

Emeritus ProfessorsProfessor FM (Jock) BrookfieldCNZM, BA LLB NZ, DPhil OxonProfessor Brian CooteCBE, LLM NZ, PhD Camb. FNZAHProfessor George HindeLLM NZ, LLDProfessor Dick WebbMA, LLB Camb., LLDProfessor Jim EvansBA LLB(Hons) Otago, PhD Camb., LLMPart-time TeachersProfessor Jeff Berryman LLM Dal., LLB(Hons), MJurAssociate Professor Bernard Brown ONZM,LLB(Hons) Leeds, LLM SingaporeTim Dare PhD Alta., BA, LLB, MJurPeter Fitzsimons BCom LLB NSW, BTheol DTheolUniv of Holy Cross, MComLawRodger Haines QC BA, LLBJudge David Harvey LLB, MJur(Hons) WaikatoJeanette Hobbs LLB(Hons) LLMJudge Roderick Joyce QC LLBSacha Judd LLB(Hons) LLM LSENina Khouri LLM NYU, BA/LLB(Hons)Michael Lenihan LLM (Cant) LLM (Camb)Simon Mount LLM Columbia, LLMTim Mullins LLM Camb., LLB(Hons)Paddy O’Driscoll LLB(Hons)Matt Sumpter LLM Camb., BA LLB(Hons)Duncan Webb BA LLM (Vic), LLB(Hons),LLD (Cant)Nick Wells BCom LLB Cant., BCA(Hons) Vic,MBA IMD SwitzAdministrative StaffFaculty RegistrarAda Marama, BA, MBS MasseyStudent AdviserHilary Smeeton, BA OtagoAcademic Support and Student Adviser,LLB Part ISuranjika Tittawella, LLB(Lond), LLM(Warwick),PhD (Waikato)Pasifika Academic Support Co-ordinatorHelena KahoPouawhina MaoriRoszanna HazlewoodExecutive Assistant to DeanTheresa RyanFinance Operations ManagerSanjana Prasad, Dip in AccountancyFinancial Administrative AssistantJohn LloydAcademic CoordinatorChristine Calvelo AB Psychology, BS Legal Mgt(De La Salle)Student Records AdministratorAlice Bui, BA HanoiAssistant AccountantSelvie Iskandar, PGDip BusAdmin MasseyOffice AdministratorSandra ShawSenior Receptionist/Tutorial AdministratorSarah-Jane White, Dip Hospitality MgtReceptionist/NZCEL SecretaryLisa WilksIT Support ManagerBruce Robinson, Dip BusIT Support AssistantBipin Chavan, BCom PunePostgraduate ManagerMegan BakerPostgraduate AdministratorJoanne AndersonPostgraduate Student AdviserJeanna MarshallEnrolment & Systems CoordinatorChristina Wu, BA ShanghaiFaculty Website & Events Co-ordinatorCerian Wagstaff, BC Unitec118| 2010 Faculty of Law Handbook

IndexAdministrative staff ................................................................................................................................................ 118Admission and enrolment procedures ..................................................................................................................... 6Advisory staff .............................................................................................................................................................. 17Aegrotat Consideration ............................................................................................................................................88Assignments and essays ...........................................................................................................................................77Auckland University Law Review ............................................................................................................................ 91AULSS ........................................................................................................................................................................... 97Careers ......................................................................................................................................................................110Cheating ......................................................................................................................................................................80Class representatives ................................................................................................................................................86COP .............................................................................................................................................................................. 14Community law placement ......................................................................................................................................93Compassionate Consideration ................................................................................................................................88Complaints ..................................................................................................................................................................89Conjoint degrees ........................................................................................................................................................ 12Course descriptions ............................................................................................................................................ 24–71Davis Law Library ......................................................................................................................................................90Diary of Faculty of Law Dates ................................................................................................................................... 5Dissertations ...............................................................................................................................................................72Electives ................................................................................................................................................................32–68Enrolment procedures ................................................................................................................................................. 6Equal Justice Project ..................................................................................................................................................94Examinations and Coursework................................................................................................................................. 87Exchanges ....................................................................................................................................................................95Extensions ....................................................................................................................................................................78GradDipLaw/GradCertLaw ..................................................................................................................................... 13General Education ..................................................................................................................................................... 16Grading ........................................................................................................................................................................79Honours information .................................................................................................................................................72Honours seminars ......................................................................................................................................................69Illness .....................................................................................................................................................................87–88Late submission of work ...........................................................................................................................................77Law 400/Law 499 ..................................................................................................................................................... 74Law Students’ Association ........................................................................................................................................ 972010 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Legal Ethics course ....................................................................................................................................................32Legal Research 3 (Law 400) ..................................................................................................................................... 74Legal research and writing requirements ...................................................................................................... 74–75Legal Research Foundation ......................................................................................................................................73LLB requirements ......................................................................................................................................................... 9LLB(Hons) requirements ............................................................................................................................................10Mid-year tests ............................................................................................................................................................. 87Mooting .......................................................................................................................................................................85NZ Law Review ...........................................................................................................................................................92Opinions ............................................................................................................................................................... 75–76Paper in lieu of examination ....................................................................................................................................68Plagiarism ....................................................................................................................................................................80Planning your programme ....................................................................................................................................... 17Plussage ....................................................................................................................................................................... 87Postgraduate degrees ............................................................................................................................................... 16Professional Legal Studies courses ......................................................................................................................... 15Publications ................................................................................................................................................................. 91Research and Writing Requirements ..................................................................................................................... 74Research facilities ......................................................................................................................................................90Research paper in lieu of final examination .........................................................................................................68Scholarships and prizes ..........................................................................................................................................100Secondhand bookstall ...............................................................................................................................................98Staff of the Faculty of Law ...................................................................................................................................... 111Staff/Student Liaison Committee ............................................................................................................................86Student exchanges .....................................................................................................................................................95Supervised research ..................................................................................................................................................54Timetable .....................................................................................................................................................................22Tutorial timetable .......................................................................................................................................................84Tutorials .......................................................................................................................................................................83Word limits ..................................................................................................................................................................77Workloads ................................................................................................................................................................... 17Written work ...............................................................................................................................................................77120| 2010 Faculty of Law Handbook

Notes2010 Faculty of Law Handbook | 121

Notes122| 2010 Faculty of Law Handbook

ContactFaculty of LawThe University of AucklandPrivate Bag 92019Auckland 1142New Zealand0800 61 62 63Phone: +64 9 373 7599 ext 85971Txt: 5533Fax: +64 9 373 7473Email: undergradlaw@auckland.ac.nzWeb: www.law.auckland.ac.nzPhysical Location9 Eden Crescent, AucklandFaculty Office, Level 3www.law.auckland.ac.nz