NZQA Expiring unit standard
26908 version 2
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Title
Demonstrate knowledge of legal systems and their application to the
public sector regulatory environment
Level
4
Credits
5
Purpose
This unit standard is intended for people who work in
compliance roles in public sector organisations. People
credited with this unit standard are able to: describe the
institutions of Government and their roles; describe court
structure, functions, and process and entry into the court
process for compliance organisations; describe judicial
decisions; and explain how behaviours and/or procedures may
be altered as a result of judicial decisions.
Classification
Public Sector Compliance > Public Sector Compliance
Operations
Available grade
Achieved
Explanatory notes
1
Legislation and Rules relevant to this standard may include but are not limited to:
Interpretation Act 1999;
District Courts Rules 2009;
Constitution Act 1986;
Summary Proceedings Act 1957;
Judicature Act 1908; and
specific legislation mandating the powers and duties of persons carrying out a
compliance role in a specific organisation and/or any other legislation applicable to a
particular compliance situation (e.g. Fisheries Act 1996, Resource Management Act
1991).
This unit standard is
expiring
Legislation includes any applicable subordinate legislation such as regulations,
bylaws, and licence conditions. Any legislation superseding any of the above will
apply for the purpose of assessment.
2
Demonstration of knowledge and skills must be consistent with any applicable code
or codes of conduct such as the New Zealand State Services Code of Conduct,
Standards of Integrity and Conduct (available from http://www.ssc.govt.nz) and/or
any other organisation-specific code or codes of conduct.
3
Definitions
Civil proceeding refers to a court-based proceeding for a breach of rights or other
non-criminal matter, for the purpose of seeking a remedy by way of damages,
injunction, or other court order.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
26908 version 2
Page 2 of 4
Compliance (role of) refers to the role, in a public sector organisation, of assessing
compliance subjects’ levels of adherence with regulatory requirements and carrying
out any appropriate intervention.
Compliance subject refers to a natural person or an entity that is subject, in a
particular compliance context, to being regulated.
Criminal proceeding refers to a court based proceeding for a breach of law for which
a sanction is sought.
Obiter (‘obiter dicta’) refers to guidance or reasoning that does not form part of, or is
broader than, the ratio of the judicial decision.
Organisation refers to a public sector organisation, as listed in the Public Sector
Directory at http://psd.govt.nz/list/index.php.
Organisational requirements refer to instructions to staff on policies, procedures, and
methodologies which are documented and are available in the workplace.
Ratio (‘ratio decedendi’) refers to the court’s decision in relation to the point in
question or under appeal.
Regulatory environment refers to the social, political, and regulatory framework within
which compliance organisations operate.
Sanction (noun) is a penalty or other punishment imposed for a breach of the law.
Outcomes and evidence requirements
Outcome 1
Describe the institutions of Government and their roles.
Range
institutions – Parliament, executive, judiciary.
Evidence requirements
1.1
The institutions of Government and their roles are described in terms of law
making and the administration of justice.
1.2
The institutions of Government and their roles are described in terms of
interrelationships, separation of powers, and checks and balances.
Outcome 2
This unit standard is
expiring
Describe court structure, functions, and process and entry into the court process for
compliance organisations.
Evidence requirements
2.1
Description includes the hierarchy of courts.
2.2
Description includes operation of the doctrine of precedent.
2.3
Description includes appeal processes.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
2.4
Description includes court process for civil and criminal proceedings.
Range
2.5
26908 version 2
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criminal process – from laying an information or informations to
sentencing;
civil process – from statement of claim to decision.
Description of process used in own compliance organisation to commence court
proceedings is consistent with organisational requirements.
Range
civil and/or criminal.
Outcome 3
Describe judicial decisions.
Evidence requirements
3.1
Description includes how judicial decisions are arrived at by the judiciary.
3.2
Description includes how judicial decisions are structured.
3.3
Description of how judicial decisions are accessed is consistent with
organisational requirements.
3.4
Description explains how to interpret a judicial decision.
Range
ratio, obiter.
Outcome 4
Explain how behaviours and/or procedures may be altered as a result of judicial decisions.
This unit standard is
Evidence requirements
expiring
Range
behaviours and/or procedures – one’s own and/or one’s own organisation,
compliance subject.
4.1
Explanation includes how behaviours and/or procedures may be altered as a
result of judicial decisions where one’s own compliance organisation is a party
to the judicial process.
4.2
Explanation includes how behaviours and/or procedures may be altered as a
result of judicial decisions where another compliance organisation or
organisations are a party to the judicial process and the decision may be
applied to one’s own compliance organisation.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
26908 version 2
Page 4 of 4
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
15 April 2011
31 December 2020
Review
2
18 February 2016
31 December 2020
Consent and Moderation Requirements (CMR) reference
0121
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA,
before they can report credits from assessment against unit standards or deliver courses
of study leading to that assessment.
Industry Training Organisations must be granted consent to assess against standards by
NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and
which are assessing against unit standards must engage with the moderation system that
applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies
to this standard are outlined in the Consent and Moderation Requirements (CMRs). The
CMR also includes useful information about special requirements for organisations wishing
to develop education and training programmes, such as minimum qualifications for tutors
and assessors, and special resource requirements.
Comments on this unit standard
This unit standard is
expiring
Please contact The Skills Organisation at reviewcomments@skills.org.nz if you wish to
suggest changes to the content of this unit standard.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016