TE PIRINGA FACULTY OF LAW
Property Issues in Family Law: LAWS 472-15B Paper Outline
1.
Identification of Paper
Paper: LAWS 472-15B
This paper carries 10 points
2.
Staffing
Steve Macbeth
(Convenor)
Phone: 027 2295160
Room: LG 33
Email: samacb@waikato.ac.nz
Availability: by arrangement during the day lectures are delivered or by
appointment.
3.
Description and Structure of Paper
This paper focuses on the division of relationship property on the breakdown of relationships. The
Property (Relationships) Act 1976 is examined. The presumption of equal sharing and exceptions
to the general presumption will be examined including provision for lump sum spousal
maintenance and child support and adjustments for economic disparity, sustaining separate
property and post separation contributions.
(b) Structure of the Paper
This is a B semester paper. The teaching takes place in one two-hour lecture period per week. The
whole class must attend these lectures. Attendance at lectures is essential for success in the
assignment and the final examination.
The lecture hours are
Thursday
10.00-12.00
LG 04
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers.
Attendance at lectures is essential for success in the assignment and the final examination.
4.
Learning outcomes
A student who has completed the course successfully will be able to demonstrate an
understanding and knowledge of the law in respect to the division of property on the breakdown
of a relationship. That includes an appreciation of the relevant statutory provisions and the policy
underlying them. Further, a student who has completed the course successfully will be able to
demonstrate an ability to prepare proceedings under the Property (Relationships) Act 1976.
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5.
Workload
Students should expect to spend 100 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 and
Henaghan, Atkin, Clarkson & Caldwell (Butterworths) Family Law in New Zealand 16th edition,
LexisNexis (2013). This is available from Bennetts, at an approximate price of $130.00 incl GST
(note this text was required for Family Law 408, and is available online through LexisNexis family
law service).
In addition to the texts identified above, the Faculty of Law requires students purchase the course
materials book(s) for this paper. These are available from Waikato Print.
The contents of the course materials book(s) will be required reading. As well, students will be
expected to have any relevant family law statutes dealt with in the course (e.g.the Property
(Relationships) Act 1976, Family Proceedings Act 1980).
The following recommended books are on Desk Reserve in the Library:
The New Zealand Family Law Journal
Henaghan, Atkin, Clarkson & Caldwell (Butterworths) Family Law in New Zealand 16th edition,
LexisNexis (2013).
Atkin, Bill, Caldwell, John, Harrison, Geoff, Hicks, David, Patterson, Bill, Swadling, Kirsty
Relationship Dissolution 2nd edition, LexisNexis (2014).
Lyne, Brenda and von Keisenberg, Robyn Valuation and Expert Financial Evidence in Relationship
Property Matters NZLS Seminar (April 2011).
Atkin, Bill Life After the Split – post-separation events NZLS Seminar (May 2013).
Watkins, Andrew and Weil Simon The Property Lawyers Dilemma – has the Property
(Relationships) Act undermined trusts? NZLS Seminar (June 2014).
Peart, Nicola Children’s Interests Under the PRA & s182 FPA NZLS Seminar (May 2013).
Bruton, Vanessa and Hikaka, Isaac Trusts and Relationship Property for Family Lawyers NZLS
Seminar (May 2013).
The New Zealand Family Law Reports are found on the lexisNexis web-site.
The Family Reports of NZ are found on the Westlaw NZ web-site along with a large number of
unreported Family Court cases (listed by month and year).
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:
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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/
b)
Coursework: Final Examination Ratio: 50:50
c)
Assessment Components
Students will be assessed in two ways:
1. An assignment due on Tuesday the 22 September by 11.55am.
The assignment will contribute to the development of legal research skills in the family
law area and the practical application of those skills to factual situations. The
assignment has two components, firstly an opinion worth 40% and secondly,
applications for orders and directions and a supporting memorandum worth 10%. The
opinion will address the legal issues which arise from a factual scenario, the relevant
law including reference to case authorities. The opinion shall not exceed 2000 words.
The applications for orders and directions and a supporting memorandum is the
practical application of the law to the factual scenario provided. The memorandum
shall not exceed 500 words.
2. A formal 2 hour open book examination at the end of the semester. There are no
restrictions on the materials that you can bring into the examination with you.
The assignment will contribute to the development of legal research skills in the family law
area and the practical application of that knowledge. It will allow students to appreciate
current issues within family law practice and discuss the statutes, academic literature and
important case law relevant to those issues.
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The Final Examination (50%) will test students’ knowledge of the subject matter of the
course. It will test skills involving essay writing and case and fact situation analyses.
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
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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.
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)
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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
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.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
11.
(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/.
12.
Health and safety
The Law School’s Health and Safety representative is to be appointed, please report incidents to
the Law Reception - Room Law G.44 or call ext 4167.
13.
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.
14.
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 B semester
Week Commencing
Programme of lecture topics
13 July (Semester B Starts)
Introduction
to
the
Property
(Relationships) Act 1989/Concepts
20 July
Classification of relationship property,
separate property debts and division of
relationship property
27 July
Continued, and proceedings procedure
3 August
Valuation expert evidence
10 August
Post separation
adjustments
17 August
Compensation adjustments – economic
disparity and future earnings
24 August
Teaching Recess
31 August
Teaching Recess
7 September
Continued
14 September (17 September Kingitanga Day)
No class
21 September
Lump sum adjustments
maintenance
contributions
for
Assignment due 22 September
28 September
Cont and lump sum child support
5 October
S 21 Agreements
12 October
Trusts discussion exam prep
19 October
Study Week
26 October (26 October Labour Day)
Examinations
2 November
Examinations
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and
spousal