1. Identification of Paper
Paper: LAWS444-12A
This paper carries 20 points
2. Staffing
Professor Margaret Wilson: Phone: ex 7781
Room: G.63B email: mwilson@waikato.ac.nz
Contact in class or by email for appointment
3. Description and Structure of Paper
(a) Description of the paper in University Calendar
The course will introduce students to the theory and practice of policy development in New
Zealand and the translation of policy in law. The judicial approach to policy will also be addressed in the course.
(b) Structure of the Paper
This is a Semester A paper. The teaching component comprises 24 contact hours for 20 points.
The class hours are Tuesday 1-3pm in Law G.02 and Wednesday 2-4pm in Law G.03.
The method of teaching is a combination of lecturing and discussion. Students are encouraged to participate in the class discussions which are intended to identify whether the lecture component of course is understood by students, but also provides an opportunity for students to express their views on the topics under discussion.
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. For a student to achieve well in this course attendance at the classes is essential. For this reason while attendance is not compulsory it is highly recommended.
4. Learning outcomes
A student who has completed the course successfully will be able to understand the relationship between law and public policy, including the relevant institutions and processes. A student should also be able to advise on the construction of a policy question and how to translate the policy into legislation or resource allocation.
5. Workload
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Students should expect to spend 150 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, Thomson Reuters (2009). This is available from Bennetts, at an approximate price of $18.90.
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.
Required Reading
Shaw, Richard and Chris Eichbaum, Public Policy in New Zealand: Institutions, Processes and
Outcomes, 3 rd Edition, (2011) Pearson.
Materials in Law and Public Policy Readings (2012) Waikato Print
Recommended Reading:
Caiden, Gerald E. & Tsai-Tsu Su, The Repositioning of Public Governance: Global Experience and
Challeges, (2007) Best-Wise Publishing Co Ltd, Taiwan. (Chapter 5, Boston & Eichbaum, “State
Sector Reform and Renewal in New Zealand: Lessons for Governance”, p 127
Carol Bacchi, Analysing Policy: What’s the Problem Represented To Be? 2009, Pearson.
Carol Lee Bacchi, Women, Policy and Politics, 1999, Sage Publications
Raymond Miller, ed, New Zealand Government and Politics, 2003
Cabinet Manuel 2008 www.cabguide.cabinetoffice.govt.nz
Margaret Wilson, Labour in Government 1984 – 1987 1989
Boston, Martin, Pallot, Walsh, eds, Reshaping the State, 1991
Boston, Martin, Pallot, Walsh, Public Management: the New Zealand Model, 1996
Williamson, ed, The Political Economy of Policy Reform 1994
Serra & Stiglitz, eds, The Washington Consensus Reconsidered: Towards a New Global
Governance, 2008
Davis, Sullivan Yeatman, eds, The New Contractualism, 1997
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Yeatman, ed, Activism and the Policy Process, 1998
Parker & O’Leary, Re-Imagining Government: Putting People at the Heart of New Zealand’s Public
Sector, 2006
Cranston, Law, Government and Public Policy, 1987
Gray & McClintock eds, Courts and Policy: Checking the Balance 1995
Palmer, Geoffrey, “The New Public Law: Its Province and Function” (1992) 22 VULR 1 – 22
Sir Robin Cooke, “The New Zealand National Legal Identity” (1987) Vol 3, Canterbury Law Review,
171 – 181
Rt Hon David Lange, “Lawmaking and the Political Process”, (1986) NZLJ 244
Wilkes & Shirley, eds, In the Public Interest 1984
Brosnan, Smith, Walsh eds The Dynamics of New Zealand Industrial Relations, 1990
Industrial Relations: A Framework for Review, 1985, Government Green Paper/White Paper
Raymond Harbridge, ed, Employment Contracts: New Zealand Experiences 1993
Erling Rasmussen, ed, Employment Relations: New Zealand’s Employment Relations Act, 2004
Report of the Royal Commission on the Electoral System: Towards a Better Democracy 1986
Neill Atkinson, Adventures in Democracy: A History of the Vote in New Zealand 2003
Andrew Geddis, Electoral Law in New Zealand, 2007
Boston, Levine, McLeay, Roberts, New Zealand Under MMP, 1996
Charlotte Macdonald, The Vote, The Pill and the Demon Drink: A History of Feminist Writing in
New Zealand 1869 – 1993, 1993
The Role of Women in New Zealand Society, Select Committee Report 1975
NACEW, Beyond the Barriers: The State, The Economy, and Women’s Employment 1984 – 1990,
1990
The 1984 Women’s Forums: Policy Priorities/What Women Want of the Ministry 1984
The Full Picture: Guidelines for Gender Analysis, Ministry of Women’s Affairs 1989
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Report of the Ministry of Women’s Affairs for the Year Ended 31 March 1986
New Zealand Census of Women’s Participation 2010, Human Rights Commission.
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
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Undergraduate Handbook which is available from http://www.waikato.ac.nz/law/undergraduate .
See also paragraph 11 on referencing guidelines and plagiarism.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/ b) Coursework: 100%: No Final Examination. c) Assessment Components
Component
Essay
Percentage of overall mark Due date
35% 4pm Tuesday, 3 April 2012
Students are required to write an essay of 3000 words (including footnotes, excluding bibliography). The compulsory essay is designed to examine the student’s knowledge and understanding of New Zealand policy institutions, processes and ideology.
Research Paper 65% 4pm Tuesday, 5 June 2012
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Students are required to write a research paper of 5000 words (including footnotes, excluding bibliography) on one of the topics distributed to the class. The topics will relate to the case studies discussed in the class and are designed to test the student’s research and written skills. 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. 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 assessment 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 Resource Room, 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
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assessment before the supervening 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
Resource Room 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 2012 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 the Resource Room. iii) Appeals (University Calendar 2012, 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 Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
9. University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2012:
Assessment Regulations 2005
Student Discipline Regulations 2008
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
There are no pre-requisites for this course but both Constitutional and Administrative Law are relevant to the course.
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11. Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html
.
12. Referencing guidelines and caution against plagiarism
(a) Referencing must be in accordance with the New Zealand Law Style Guide.
(b) 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 2008 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 (2012
Calendar)
(c) The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the 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 Alison Saunders who is in Room Law G44 at ext 4167.
14. Class representation
See p 68 Te Piringa Faculty of Law Undergraduate Handbook available from http://www.waikato.ac.nz/law/undergraduate/ . Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Samantha Whittle, Student Services, ext.
6264, CHSSG.25 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 2012. See also the document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
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Lecture Schedule A Semester
Week Commencing
5 March
12 March
19 March
26 March
2 April (6 April Good Friday)
9 April (9-10 Easter Monday and Holiday)
16 April
23 April (25 April ANZAC day)
30 April
7 May
14 May (16 May Kingitanga Day)
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Programme of lecture topics
Introduction to the course
Public Policy – Definitions, Institutions,
Processes (Shaw & Eichbaum, Chapters 1 –
7, pp 1 – 134.)
Influences and Ideology in public policy
(Shaw & Eichbaum, Chapters 8 – 12, pp
135 – 230.)
The Role of the Courts and Lawyers in
Public Policy
Rethinking Approaches to Policy Analysis:
Theory and Politics (Carol Bacchi, Chapter
1&2, pp 1 – 53, also pp 262 – 278.)
Teaching Recess
Teaching Recess
Employment Policy and Legal Frameworks
(Shaw & Eichbaum chapter 13 pp 231 –
248.) Employment Relations Act/Human
Rights Act/Health & Safety in Employment
Act/Holidays Act/Unemployment Benefits.
Case study of policy and ideology.
Social Welfare to Social Development
(Shaw & Eichbaum chapter 15, pp 270-
291). Case study of a policy in transition.
(Welfare Working Group Report 2011)
Evolution of policy relating to women – a case study of influence of specific population group on the development of policy and enactment of a legal framework to enforce the policy.
Development of Crown policy relating to the settlement of land grievances under

21 May
28 May
4 June (4 June Queen’s Birthday)
11 June
18 June
25 June
2July
9 July the Treaty of Waitangi.
Aspects of policy development relating to justice – establishment of the Supreme
Court/current proposals to reform the
Family Court/surveillance legislation.
Other policy developments relating to justice requested by students.
Evaluation of the course
Study Week
Examinations
Examinations
Teaching Recess
Teaching Recess/Enrolment
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