1
Faculty of Law
Te Kauhanganui Tātai Ture
INTRODUCTION TO NEW ZEALAND LEGAL SYSTEM - LAWS 121
COURSE INFORMATION 2016
Welcome to Legal System and to the Faculty of Law. These notes are important and set out the
requirements that you will need to satisfy. Please read them carefully.
A.
B.
C.
D.
E.
F.
G.
H.
I.
Course Overview and Key Dates ................................. 2
Lectures – When and where? ................................... 2
Can I change lecture streams? ..................................... 2
What if I miss a lecture?.............................................. 2
What does this course cover?.................................... 3
Course Learning Objectives (CLOs) ............................ 3
What do I need to buy?........................................... 4
How should I prepare for class? ............................... 4
How is the course assessed? ...................................... 5
What if I miss a test or exam? ..................................... 5
What are the terms requirements? ........................... 5
The terms exercise .................................................... 6
Where do I hand in terms exercises?............................ 6
Can I have an extension for a terms exercise? .............. 6
What if I hand in my terms exercise late? .................... 6
Is group work allowed? ............................................... 6
Law Faculty grade guidelines ................................... 7
The tutorial programme ........................................... 8
When do tutorials start? .............................................. 8
How do I sign up for tutorials? .................................... 8
Can I change tutorials during the course? .................... 8
J.
K.
L.
M.
What if I miss a tutorial? ............................................. 8
What if I miss several tutorials? ................................... 8
Who’s who at the Law Faculty?................................ 9
Got a problem? Who can help? ................................ 9
Enrolments.................................................................. 9
Changing lecture streams............................................. 9
Changing tutorials [in exceptional cases] ..................... 9
Unable to sit an exam/test .......................................... 10
Extensions for terms exercise .................................... 10
Accommodation for disabilities ................................. 10
Faculty Advisers ....................................................... 10
Help with study skills ................................................ 10
General University Policies and Statutes ................ 10
Other stuff you should know ................................... 11
Course announcements during the year ...................... 11
Class Representative ................................................. 11
Student Feedback ...................................................... 11
Will I need to use the Law Library? ........................... 11
What are the criteria for second year law? .................. 11
**** CHECKLIST****
Is your enrolment in order?
Are you are in the right lecture stream?
Do all your tutorial choices fit with your first
trimester timetable?
Have you bought the required text & materials?
Have you noted the dates for the course assessment?
Have you made work / childcare arrangements for
the test date?
Law Faculty all queries: 463 6366
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Course Overview and Key Dates
Week
1
2
3
4
Start Date
29 Feb
7 Mar
14 Mar
21 Mar
Tutorials
5
6
7
8
28 March
4 Apr
11 Apr
18 Apr
3
4
5
6
2 May
9 May
16 May
23 May
30 May
Mid-trimester break 25-29 April
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Essay: Due Tues 3 May
8
9
10
11
9
10
11
12
13
1
2
3
Assessment
Mon-Wed tutorials only this week
Easter break 24-30 March
Thur-Fri tutorials only this week
Test: Sat 9 April
Any changes will be announced in class.
A.
LECTURES – WHEN AND WHERE?
Students have been assigned to streams. Please ensure that you are in one of the
streams listed below.
Lecturers
Victoria Stace (and other course
Stream 1
1.10 - 2pm (Mon, Wed, Fri) – KKLT303
lecturers)
Stream 2
3.10 - 4pm (Mon, Wed, Fri)- KKLT303
Stream 3
5.40 - 6.30pm (Mon, Wed, Fri) – RHLT1
(Pipitea Campus)
Matteo Solinas (and other course
lecturers)
Eddie Clark (and other course
lecturers)
Can I change lecture streams?
Due to limited lecture theatre capacity, changes can only be considered if regular
attendance at your assigned stream is impossible. Switching streams requires the
Course Coordinator’s approval and will only be allowed for compelling reasons. All
applications for stream changes should be made to the Undergraduate Administrator,
Old Government Buildings, Lambton Quay.
What if I miss a lecture?
It is your responsibility to get the notes from another student for any lectures you
miss. Lecturers will not provide notes for missed lectures.
It is also your responsibility to ensure that you have all the assignments and
information distributed during the course of the year. Missing materials can usually be
collected via Blackboard or the Course Coordinator.
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B.
WHAT DOES THIS COURSE COVER?
This course is an essential first step in the law degree and provides an introduction to
law, to the New Zealand legal system, and to the core skills of interpretation and
analysis, skills that will be developed as you move through the degree.
Course Learning Objectives (CLOs)
On completion of LAWS 121, students should be able to:
1. demonstrate knowledge of different aspects of the New Zealand legal system,
in particular, how the system affects wider society and how wider society
affects the system;
2. demonstrate the foundational knowledge which is vital for the rest of the LLB
degree, for example, historical and jurisprudential knowledge;
3. show some understanding of how to read, write, argue, and critically analyse
in a legal manner;
4. demonstrate knowledge of different perspectives relating to the New Zealand
legal system, for example, Maori perspectives.
The course is divided into 8 parts.
Part 1: Legal History
This first part of the course will introduce students to the history of the New Zealand
legal system.
Part 2: The Treaty of Waitangi
An introduction to the Treaty of Waitangi including the history of the Treaty, key
cases, relevant legislation, the Treaty settlement process and other current issues.
Part 3: New Zealand Constitutional Law
Students will learn about the roles of the legislature, executive and judiciary. This
section will also explore constitutional principles and conventions.
Part 4: Law Reform Issue
This section of the course will analyse the ‘Drinking Age’ debate as an example of
law reform.
Part 5: Jurisprudence
This section of the course will introduce students to jurisprudential theories of why we
have law. Different theories including Natural Law, Positivism, and Critical Legal
Theory will be discussed.
Part 6: International Issues
An introduction to New Zealand’s place in the international legal environment and
comparative law issues.
Part 7: Dispute Resolution
Different forms of dispute resolution will be explored including litigation, negotiation,
mediation and Maori approaches to dispute resolution.
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Part 8: Women in Law
The section of the course looks at the way women and women’s issues are and have
been dealt with over time by our legal system. It looks at New Zealand developments
in the law relating to women and particular issues faced by women.
C.
WHAT DO I NEED TO BUY?
You will be required to buy the prescribed textbook —

Grant Morris Law Alive: The New Zealand Legal System in Context (3rd
edition, Oxford University Press, 2015). Do not use previous editions as they
are out of date.

LAWS 121 Course Materials, 2016 edition. Do not use the materials from a
previous year. All streams will use the same materials.
All of the above can be purchased from the Vic Books and Student Notes Centres on
the Kelburn and Pipitea Campuses.
D.
HOW SHOULD I PREPARE FOR CLASS?
Your instructors require your active and prepared participation. Preparation means
more — much more — than simply reading the material once or twice before class.
You must think about what you have read and analyse it critically. Your goal should
be to prepare a good set of notes before class, notes that set out what you
understand and where you need clarification.
The teaching method in this class often uses structured questions directed to
individual students. Your preparation notes should help you to answer the questions
asked in class. The reason for this teaching method is, first, that you will learn more
through active dialogue and class participation than through passive note-taking, and,
second, that the many career opportunities available through legal study require
confidence in public speaking and oral argument. Your instructors will have a seating
plan of the lecture theatre so they can address questions to each of you individually. It
is important that you sit in your assigned seat.
You should make note of the questions that are asked by the lecturer and the answers
that are given, both by other students and the lecturer. You will not always be told
immediately what the “right” answer is: you will need to develop your own critical
and analytical skills to work through the questions and answers. (Consider that in
most trials, the lawyers themselves do not know the “right” answer until the judge
reaches a decision. The lawyer’s skill is in presenting reasoned, logical arguments in
support of a possible “right” answer.) After class, you should review your notes to
determine whether your earlier understanding was sound, whether (new) areas need
clarification, and how to build on what you have learned in preparation for the next
class.
You may also want to consult the following texts. This is optional and there is no
expectation that students will go beyond the prescribed textbook and course materials.
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
ATH Smith (ed) Glanville Williams: Learning the Law (15th ed, Sweet &
Maxwell, 2013)

Duncan Webb, Katherine Sanders and Paul Scott The New Zealand Legal
System: Structures and Processes (5th ed, LexisNexis, 2010)

Peter Spiller Butterworths New Zealand Law Dictionary (8th ed, LexisNexis,
2014)

Stephen Penk, Mary-Rose Russell New Zealand Legal Method Handbook
(Thomson Reuters, 2014)
All of these texts are on closed reserve at the Law Library and some are also on closed
reserve at the Kelburn Library.
E.
HOW IS THE COURSE ASSESSED?
You will receive more detailed information about the assessment closer to the date.
Assessment
Date
Test (closed
book)
Terms Essay
Final exam
(closed book)
Saturday 9 April 10:00-11:05 am
Weight towards
final grade
25 %
Due Tues 3 May, 4.00pm
during mid-year exam period (2
hours)
15%
60%
CLO(s)
1-4
1-4
1-4
The test will be held on a Saturday so that all three streams can sit the test at the
same time. You may have to make special arrangements regarding work or childcare
to ensure your attendance — hence this early notice. Both the test and exam will be
closed book assessments.
What if I miss a test or exam?
If you are sick or have other compelling reasons for missing a test or exam, you
should obtain a doctor’s certificate (or a letter from Student Counselling if
appropriate). For a test, notify the Course Coordinator as soon as possible. For the
final examination, you must contact the Course Assessment Administrator. You may
be eligible to apply for an aegrotat pass – a brochure outlining this provision is
available in the School/Faculty Office.
Note that the examination period is 10 June to 29 June 2016. All students are
expected to be available during this time. Only in exceptional circumstances will
permission be granted to sit outside the scheduled time or in another venue.
F.
WHAT ARE THE TERMS REQUIREMENTS?
You must satisfy the terms requirements for LAWS 121 to be eligible to pass the
course. The purpose of terms is twofold: first, to ensure that you keep up with your
work throughout the year and, second, to alert students who have little possibility of
passing the exam. A list of students who have failed terms will be announced in class
(by ID number) and posted on Blackboard.
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In order to gain terms in this course, you must:
1.
complete the terms essay; and
2.
attend at least 7 of the tutorials; and
3.
ensure that your name is accurately recorded on the seating chart
throughout the year.
G.
THE TERMS EXERCISE
There is one terms exercise, due on the date below. You will receive more detailed
information about the exercise closer to the date.
Terms Essay
Due
Tues 3 May, 4:00 pm
Where do I hand in terms exercises?
Exercises must be handed in at the Law School/Faculty Office, Old Government
Building (room G31), no later than 4:00 pm on the due date. Keep a copy for
yourself. Exercises submitted only by email will be not be accepted, unless there are
compelling reasons and prior permission is given by the Course Coordinator.
However you should also submit an electronic copy of the exercise to Blackboard by
4pm on the due date. This will enable the lecturers to check the word count.
Instructions will be given before the due date.
Can I have an extension for a terms exercise?
As a general rule, extensions are not given. The exercise questions are distributed well
in advance of the due date, and the material is covered in ample time. You should plan
to have your work completed with three or four days to spare. Extensions will not be
granted for computer or printer problems. Back up and print out your work frequently.
If, however, you have compelling reasons for not handing in an exercise on time (eg
illness, bereavement) you may request an extension from the Course Coordinator and
should do so as soon as the difficulty arises. Where possible, you should support your
request with a doctor’s certificate (or a letter from Student Counselling if appropriate).
What if I hand in my terms exercise late?
Without an extension, late submissions will incur a penalty in accordance with Law
School practice. More details will be given in class.
Is group work allowed?
You are encouraged to work in groups when thinking about the exercises (and,
indeed, when preparing tutorial problems and reflecting on lectures). It is always
productive to discuss your ideas with others enrolled in the course and to learn from
their contributions. However, the final piece of work submitted must be your own
— not that of your class mates or drawn from some other source. For three main
reasons, one piece of work from a group is not acceptable:
- the purpose of the exercises is to assess and give feedback on each student’s
abilities in the various parts of the course. Accepting group work would not
achieve that purpose.
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- it is impossible to determine whether each student contributed constructively
to the group piece, or whether one student did all the work, and the others
simply added their names upon its completion.
- in the final exam, you will be required to work alone in drafting your answer.
The exercises provide an occasion to practise that skill.
Plagiarism will be severely penalised. A system of cross-checking and central
review is used to identify plagiarism.
H.
LAW FACULTY GRADE GUIDELINES
The guidelines set out below broadly indicate the quality of work required to achieve
the different grades that are employed in assessing student work in the Law Faculty.
The guidelines should be read subject to the following riders:
•
A better coverage of issues and a higher standard of English prose is expected in
take-home assessment than in examinations.
•
Good quality, grammatically correct English and complete sentences are
required in all assessment. Writing in note form is usually not acceptable.
•
Marks are generally not awarded for good grammar, spelling, and punctuation,
which are expected. However, marks can be deducted for failings in these
respects.
•
Strong performance in respect of one or more of the qualities mentioned in the
guidelines (eg originality or analysis) can increase the grade of work that does
not otherwise qualify.
A+ (90-100%)
A
AB+
(85-89%)
(80-84%)
(75-79%)
B
(70-74%)
BC+
(65-69%)
(60-64%)
C/C- (50-59%)
D
(40-49%)
E
(0-39%)
Nearly all of the following: flawless prose and organisation; all
major points identified and answered correctly, with alternative
answers and arguments canvassed; nearly all difficult issues
identified and answered correctly; some originality or new
interpretation.
Most of the requirements for A+.
As for B+, together with some of the requirements for A+.
As for B, but with more difficult issues solved and a good standard
of English writing.
Presented the main points in a manner that indicates understanding
and a degree of confidence and control over the subject matter. No
confusion over core concepts. Some difficult issues identified and
answered. Good prose. Answers well organised, usually with
headings and sub-headings that make sense. No irrelevant material.
As for B, but inferior in one or two aspects. No confusion.
As for C, but with little confusion and more issues correctly
answered. Some irrelevant material tolerated.
Essential points identified and presented. Basic understanding of
concepts involved. Some confusion tolerated. Probably half of the
issues answered correctly.
Inadequate, uncertain, contradictory, or confused overall, or several
significant gaps in knowledge and understanding.
Very bad knowledge and understanding.
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I.
THE TUTORIAL PROGRAMME
The objective of the tutorials is to provide the opportunity to work in a smaller group
(fewer than 20 students) on specific and focussed topics. Preparation is essential for
tutorials: tutors have been instructed to mark as absent students who consistently fail
to prepare. The practical reason for attending tutorials is to receive more
individualised instruction in the skills and methods required to succeed in the course.
The tutorials will be the main time during which you will practise many of the skills
that this course aims to develop, and to raise questions about materials discussed in
lectures.
When do tutorials start?
There will be 11 tutorials for LAWS 121. Tutorials will occur once a week from
Week 2 of the course. Tutorial topics will be distributed in lectures and posted on
Blackboard.
How do I sign up for tutorials?
It is your responsibility to ensure that you are signed up for a tutorial. In the first
week, you will be required to sign up for a tutorial group and remain with that group
throughout the year. Before signing up, please check your timetable for all classes this
trimester.
Can I change tutorials during the course?
No. Given the large number of students in LAWS 121, changing tutorials is not
permitted, except in extreme circumstances and for compelling reasons and with the
permission of the Head Tutor and the Course Coordinator.
What if I miss a tutorial?
You are expected to attend all tutorials. If you miss your scheduled tutorial, you
should try to attend another one if possible. However, there is no guarantee that there
will be space for you in another tutorial; in no circumstances will any tutorial be
permitted to exceed 20 students. If another tutor can accommodate you in his or her
tutorial, you should ask for a note of attendance so that your regular tutor may update
your attendance record.
What if I miss several tutorials?
It is a terms requirement that you attend a minimum of seven tutorials. The allowance
for absences is to accommodate absence for good reasons — eg medical or personal
reasons. Medical certificates or similar are not required for those absences.
Certificates will only be necessary where you have missed more than four of the
tutorials, and then all absences must be supported by appropriate certificates. Unless
supported by certificates for all absences, failure to attend seven of the tutorials will
result in your failing terms.
If it seems likely that you will miss more than four of the tutorials, you should discuss
continuation in the course with the Course Coordinator.
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J.
WHO’S WHO AT THE LAW FACULTY?
The Law Faculty is located downtown in the Old Government Buildings (OGB),
situated at the north end of Lambton Quay, opposite Parliament. All lecturers and
administration staff have offices in the north end of the building, unless otherwise
noted.
ALL QUERIES PHONE:
463 6366
Dean of Law
Professor Mark Hickford
OGB 2nd floor, room 203
Course Coordinator
Victoria Stace (ext 6387)
OGB 3rd floor, room 327
Manager, Student & Academic Services
Alison Munro (ext 6975)
OGB 1st floor, room 109
Undergraduate Administrator
Sharon Watkins (ext 6433)
OGB 1st floor, room 108
Course Assessment Administrator
Katherine Harris (ext 6342)
OGB 2nd floor, room 210
LAWS 121 Lecturers
Victoria Stace (ext 6387)
Matteo Solinas (ext 6406)
Eddie Clark (ext 6408)
OGB 3rd floor, room 327
OGB 2nd floor, room 244
OGB 1st floor, room 107
Tutors
Tory Hansen, Head Tutor
LAWS 121 tutors’ office (ext 6302)
OGB ground floor, room G10
OGB ground floor, room G10
(or the Kelburn office (EA116)
by appointment)
Māori Law Students Coordinator
Karli Rickard (ext 6305)
OGB ground floor, G29
Pacific Island Law Students Coordinator
Lagi Tuimavave (ext 6303)
OGB ground floor, G28
Law School/Faculty Office
Pauline Castle / Elizabeth Cherry
OGB ground floor, room G31
K.
GOT A PROBLEM? WHO CAN HELP?
Enrolments
Alison Munro or Sharon Watkins
OGB 1st floor, rooms 109/108
Changing lecture streams
Contact the Undergraduate Administrator
OGB 1st floor, room 108
Changing tutorials [in exceptional cases]
Tory Hansen, Head Tutor
OGB ground floor, room G10
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Unable to sit an exam/test
Contact Katherine Harris
OGB 2nd floor, room 210
Extensions for terms exercise
Contact the Course Coordinator
Accommodation for disabilities
John Prebble
OGB 105
(For tests and exams, contact the Course
Assessment Administrator, Katherine Harris)
Faculty Advisers
Māori Students: Māmari Stephens
Pacific Island Students: Tony Angelo
International Students: Alberto Costi
Help with study skills
Student Learning
Student Health and Counselling
L.
OGB 218
OGB 122
OGB 306
Level 0, Kirk Wing, Hunter
Courtyard, Kelburn, ph 463 5999
Pipitea Campus (Rutherford
House), and Kelburn Campus
GENERAL UNIVERSITY POLICIES AND STATUTES
There is other important information that students must familiarise themselves with,
including:
 Academic Integrity and Plagiarism:
http://www.victoria.ac.nz/students/study/exams/integrity-plagiarism
 Aegrotats: : www.victoria.ac.nz/about/governance/dvc-academic/publications
 Academic Progress: http://www.victoria.ac.nz/students/study/progress/academicprogress (including restrictions and non-engagement)
 Dates and deadlines: http://www.victoria.ac.nz/students/study/dates
 Grades: http://www.victoria.ac.nz/students/study/progress/grades
 Resolving academic issues: : www.victoria.ac.nz/about/governance/dvcacademic/publications
 Special passes: : www.victoria.ac.nz/about/governance/dvc-academic/publications
 Statutes and policies including the Student Conduct Statute:
http://www.victoria.ac.nz/about/governance/strategy/academic-policies
 Student support: www.victoria.ac.nz/students/support
 Students with disabilities: www.victoria.ac.nz/st_services/disability
 Student Charter: http://www.victoria.ac.nz/learning-teaching/learningpartnerships/student-charter
 Turnitin: www.cad.vuw.ac.nz/wiki/index.php/Turnitin
 University structure: www.victoria.ac.nz/about
 VUWSA: www.vuwsa.org.nz
See the Blackboard site for your course for detailed information on withdrawal dates.
See also the 2016 Law Faculty Undergraduate Prospectus for further information,
including assessment in te reo Māori: http://www.victoria.ac.nz/law/
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M.
OTHER STUFF YOU SHOULD KNOW
Course announcements during the year
Some aspects of this course outline may be subject to change. Any necessary and
important information relating to this course will be announced in class and/or placed
on Blackboard.
Class Representative
A class representative will be elected in the first class, and that person’s name and
contact details will be made available to the class and to the Course Coordinator, as
well as to VUWSA. Students can channel any queries, suggestions for improvement,
or grievances through the class rep who can liaise with the Course Coordinator. This
is of course in addition to the other channels for grievances set out above.
Student Feedback
Student feedback on University courses may be found at:
www.cad.vuw.ac.nz/feedback/feedback_display.php
Will I need to use the Law Library?
No. Teaching in this course is designed so that you will not need to use the Law
Library. This avoids additional pressure on limited library space. You are, of course,
welcome to visit and explore the Law Library.
What are the criteria for second year law?
To be eligible to apply for entry to 200-level LAWS courses, you must pass LAWS
121, 122 and 123 and complete at least 70 non-law points. Places in second-year law
are limited. Entry criteria apply. See http://www.vuw.ac.nz/law for details. The
enrolment deadline for limited-entry courses each year is 10 December.
The Law School selection criteria are outlined on pp16-19 of the Law Undergraduate
Prospectus 2016. Note that you must pass more than half of the 200-level points that
you attempt in order to be guaranteed entry back into 200-level Law.