TE PIRINGA FACULTY OF LAW
Issues in Health Law 2015
1.
Identification of Paper
Paper: LAWS 469-15S
This paper carries 20 points
2.
Staffing
Professor Kate Diesfeld
(Convenor)
09 921 999 x 7837
email: kdiesfel@aut.ac.nz
I am available by phone and email through 22 December and after 12 January 2014.
3.
Description and Structure of Paper
(a) Explores the role of New Zealand law in health care practice. Students will critically analyse
select legislation, legal processes and institutions that impact upon health care delivery. Topics
include issues across the lifespan from the beginning to the end of life, disability consent,
confidentiality and professional discipline.
(b) Structure of the Paper
This is a summer school paper. The teaching component comprises 48 contact hours. The first
lecture on Tuesday 13 January begins at 9:00 and ends at 5:00. Wednesday through and
including Friday the 16th of January begin at 8:00 and end at 5:00. Break will occur from 12:00 to
1:00 each day. The Room is Law G.03.
The closed book, compulsory test is 9:30 -10:30 on Wednesday 28 January (room to be
announced). From 11:00 t0 12:00, a one hour tutorial on refining the research question will be
provided. From 1:00 to 2:00, there will be a tutorial on accessing domestic and international
research. From 2:00 to 3:00, there will be small group discussion of similar topics and resource
sharing with feedback to the large group. From 3:00 until 5:00, 15 minute appointments for 1:1
research guidance is available with the convenor.
The oral presentations will occur on Monday 9 February starting at 9:30. Attendance by all is
expected and sign up is on Moodle.
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers. Tutorials allow students to learn effectively in small groups.
Attendance is therefore required for satisfactory completion of the paper. An understanding of
topics and materials discussed in tutorials is essential for success in both internal assessment and
examinations. A record will be kept of student attendance at tutorials.
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4.
Learning outcomes
A student who has completed the course successfully will be able to:
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5.
Acquire a conceptual understanding of key laws (domestic and select international) and
policy on the right to health care
Attain knowledge of the New Zealand health care system and how it is legally regulated
Demonstrate a conceptual understanding of selected health law issues encountered by
New Zealanders under the current health care system
Produce a written project of independent, analytic legal research regarding health law
o Frame a health law topic into a research based assessment from a list of selected
topics
o Critically evaluate relevant primary and secondary sources of law and policy for the
research project
o Integrate relevant independent research
o Construct relevant and research-based recommendations for reform
o Develop a critical legal analysis of the selected legal topic
Deliver an oral presentation
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 ed, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
In addition to the texts identified below, the Law School requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
The course materials book contains the required readings for this paper. In addition, the following
texts are recommended:
Skegg PDG and R Paterson (ed) Medical Law in New Zealand (ThomsonBrookers, Wellington,
2006).
The following are highly recommended:
Keenan R (Ed) Health Care and the Law (4th NZ ed, Thomsen Reuters, Wellington, 2010).
Tennent D Accident Compensation Law (Lexis Nexis, Wellington, 2013).
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The following are recommended:
Dawson J and Gledhill K (Eds) (2013) New Zealand’s Mental Health Act in Practice (Victoria
University Press, Wellington, 2013)
Diesfeld K and McIntosh I (Eds) Elder Law in New Zealand (ThomsonReuters, Wellington, in press)
Paterson R The Good Doctor (University of Auckland Press, Auckland, 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
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/
The word count for the compulsory written assessment is 4000 words, excluding footnotes and
bibliographies.
b)
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Coursework: Final Examination Ratio: 1:0
c)
Assessment Components
Component
Percentage of overall mark
Due date
Assessment Components
% of Total
In-class test
30%
Oral Presentation of Research Paper
20%
Presentation of the Research Paper
50%
Due Date
Wednesday, 28 January
9:30-10:30 a.m.
Room TBA
Monday, 9 February
9:30
Room TBA
Tuesday
10 February
Time TBA
In-class test (one hour): 30%
The in-class test (worth 30% of the overall mark) on Wednesday, 28 January, from 9:30 to 10:30.
This is a compulsory, closed book test. The test will enable students to apply the substantive law
relevant to health law in New Zealand. This test will assist students to understand the material
covered and to develop skills in answering questions regarding substantive health law in test
conditions. Students bring their own note paper. Electronic devices will not be allowed.
Research Paper: 50%
Students will be chose a topic within a list of selected research topics. The list will be distributed
on 13 January. The topic must be selected, the research question formed, and emailed to the
convenor by 20 January. Students are strongly encouraged to consult with the convenor
regarding their topic and supporting resources in January. Students may forward one draft of the
research project to the convenor for comment by 1 February. This is the single opportunity for
draft review. The completed research paper should be no longer than 4,000 words. Footnotes
and the bibliography are not to be included in the word count. The paper must comply with the
requirements for assessed work, including application of the Style Guide for citation.
Presentation: 20%
Students will be required to make a 10 minute presentation on the research paper, followed by 5
minutes to respond to questions from the convenor and other students. Both portions will be
assessed. Based upon the research project, during the oral presentation, students will:
o Frame the health law topic into a research assessment
o Critically evaluate relevant primary and secondary sources of law and policy for the
research project
o Integrate relevant independent research
o Construct relevant and research-based recommendations for reform
o Develop a critical legal analysis of the selected legal topic
o Respond to questions from the convenor regarding the research topic
o Deliver a professionally presented oral presentation
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There is no examination for the paper in 2015.
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)
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
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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.
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 2005
Student Discipline Regulations 2014
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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.
N/A
Links to other papers
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
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 Te Piringa Faculty of Law
Undergraduate Programmes Manual, available from:
http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is Ms Renee Rewi in LAW.G 71 on extension
6727, but if she is not available, 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.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2015. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture Schedule Summer School Issues in health Law 2015
Date
Programme of lecture topics
(may be subject to slight modification)
Day 1: Tuesday 13 Jan START AT 9:00
Day 2: Wednesday 14 Jan
Day 3: Thursday 15 January
Introduction and Overview of Course
Right to health & the regulation of health care in NZ
Health rights regime: HDC, CHDSCR
Consent and capacity
Privacy and confidentiality
Accident compensation and health law interface
Professional regulation and discipline
Criminal law
Legal issues of disability
Mental health law
Beginning of life issues
Day 4: Friday 16 Jan
Issues at the end of life
Organ donation
Public health
Research tutorial
Wednesday 28 Jan 9:30
Monday 9 February 9:30
Test
11:00-12:00-- tutorial: refining topic
1:00- 2:00—tutorial: accessing resources
2:00-3:00--small group discussion,
resource sharing.
3:00-5:00-- 15 minute appointments for 1:1 research
guidance.
Oral Presentations
Tuesday 10 February
Research Paper: no class
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