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

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