TE PIRINGA FACULTY OF LAW
Evidence 2015 Outline
1.
Identification of Paper
Paper: LAWS401-15B
This paper carries 20 points
2.
Staffing
Brenda Midson
(Convenor)
Phone: ext 8959
Room: LAW G.70
email: midsonb
As advised on Moodle and on office door
Neil Boister
Phone: ext 7724
Room: LAW G.68
email: nboister
As advised on Moodle and on office door
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
This paper contains an examination of the principles of the Law of Evidence in civil and criminal
cases.
(b) Structure of the Paper
Lecture 1 Mon 09:00 11:00 L.G.05
Lecture 2 Fri 09:00 11:00 L.G.04
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers. Attendance is therefore required for satisfactory completion of the
paper.
4.
Learning outcomes
Students who have successfully completed this course will be expected to develop and
demonstrate an understanding of the conceptual nature of what evidence is, the rules that
determine what evidence is admissible in New Zealand courts, and the rules that exclude
potential evidence. The paper will seek to provide students with an introductory understanding
of what is required when leading evidence, conducting cross-examination, and otherwise
adducing evidence. This paper will focus not only on the theory of the rules of evidence but also
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upon the practical application of those rules in the courtroom. The assessment will assess
students’ ability to make arguments for or against admissibility of particular items of evidence by
applying relevant legal principles; to discuss policy issues in relation to evidence reform; and to
identify correct procedure for determining admissibility of evidence.
5.
Workload
Students should expect to spend 200 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
In addition to the texts identified below, the Faculty of Law requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
Required Reading
Evidence Act 2006 (e.g. Evidence Code (2nd ed, 2012) LexisNexis in the Butterworths Legislation
Series) OR Mahoney, McDonald, Optican & Tinsley The Evidence Act 2006: Act & Analysis
Thomson Brookers (3rd ed, 2014).
Recommended Reading
Midson, B Student Companion: Evidence LexisNexis (2nd ed, 2011)
Mahoney, McDonald, Optican & Tinsley The Evidence Act 2006: Act & Analysis Thomson Brookers
(3rd ed, 2014).
Gallavin, C Evidence LexisNexis NZ Limited (2008)
Mathieson, D L Cross on Evidence LexisNexis (9th ed, 2013)
The most recent edition of Robertson, J.B. (ed) Adams on Criminal Law (Student ed), (Wellington:
Thomson Reuters)
McDonald, E Principles of Evidence in Criminal Cases Thomson Reuters (2012)
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
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without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.33 which is
available from http://www.waikato.ac.nz/law/undergraduate.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
[Additional requirements such as length (by pages or by word count) and whether footnotes
and bibliographies are to be included in the word count can be inserted here or in the
assignment handout]
b)
Coursework: Final Examination Ratio: 50:50
c)
Assessment Components
Component
Assignment One
Assignment Two
Exam
Percentage of overall mark
25%
25%
50%
Due date
10 August 2015 at 8 am
28 September 2015 at 8 am
To be advised
There are two assignments to be completed, each worth 25% of the total mark for the paper.
Further instructions will be provided separately. All items of assessment are essential elements of
the paper and failure to complete any item will result in an incomplete (IC) grade.
Each assignment will assess students’ learning by requiring students to make arguments for or
against admissibility of particular items of evidence by applying relevant statutory and common
law principles; and to identify correct procedure for determining admissibility of evidence.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
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Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
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ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2015 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2015, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Education Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal tests or exams.
v) If you wish to submit your Internal Assessment in Māori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Māori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Māori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015:
Assessment Regulations 2014
Change of Enrolment Regulations 2012
Student Discipline Regulations 2014
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
This paper supplements the core law papers with knowledge and skills essential to putting them
into practice in the court.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
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Referencing guidelines and caution against plagiarism
(a)
(b)
(c)
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2013.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2014 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.”
See section 3, Assessment Regulations (2015 Calendar)
The Te Piringa - Faculty of Law’s policy regarding plagiarism is in the Te Piringa - Faculty of
Law Undergraduate Handbook, available from:
http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Faculty of Law’s Health and Safety representative is TBA. Please report the incident to the
Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
Contact details for the Student Representation Coordinator, Academic Services Division, are as
follows: Jeanie Richards, Student Services, ext. 8221, email: student.reps@waikato.ac.nz.
Further information can be found at the Class Rep google site.
15.
Complaints procedures
The Student Complaints Procedures provides details of the University’s process for handling
concerns and complaints and is published in the University Calendar.
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Lecture Schedule B semester
Week Commencing
Programme of lecture topics
13 July (Semester B Starts)
24 August
Introduction; fundamental principles
Fundamental principles
Fundamental principles
Examination in chief
Examination in chief
Cross-examination
Cross-examination
Veracity evidence
Propensity evidence
Propensity evidence
Opinion and expert evidence
Visual identification evidence
Teaching Recess
31 August
Teaching Recess
7 September
19 October
Eligibility & compellability; oaths & affirmations
Privilege and confidentiality
Privilege and confidentiality
Hearsay evidence
Hearsay evidence
Hearsay evidence
Defendant’s statements & improperly obtained evidence
Improperly obtained evidence & silence of parties
Corroboration, judicial directions and judicial warnings
Corroboration, judicial directions and judicial warnings
Alternative ways of giving evidence
Revision
Study Week
26 October (26 October Labour Day)
Examinations
2 November
Examinations
20 July
27 July
3 August
10 August
17 August
14 September
21 September
28 September
5 October
12 October
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