Faculty of Law

Total Page:16

File Type:pdf, Size:1020Kb

Faculty of Law HANDBOOK 2017 This handbook is a guide for law students at the University of Otago. It describes the degrees offered, gives outline descriptions of the papers available in 2017, and notifies students of teaching arrangements and important dates. It also contains general information about the Faculty and the University that may be of use. Courses, examinations and other similar matters are governed by the regulations contained in the University Calendar, which should be consulted in cases of doubt. For ease of reference the regulations particularly concerning the Law Faculty are also reprinted in this handbook. If you need further help or advice, at any time during your studies, members of staff will always be available to assist you. Do not hesitate to approach us. Postal address: Street address: P O Box 56, Dunedin, New Zealand 7th, 8th, 9th and 10th Floors Telephone: 64 3 479 8857 Richardson Building Fax: 64 3 479 8855 85 Albany Street Email: [email protected] Dunedin, New Zealand Web Site: http://www.otago.ac.nz/law CONTENTS Introduction by Faculty Dean, Mark Henaghan .............................................................. 3 Historical note ....................................................................................................................... 6 Law Faculty Staff ................................................................................................................... 8 Law Faculty Staff Administrative Responsibilities .......................................................... 10 Law Staff Research Interests ................................................................................................ 11 Help and advice in the University ...................................................................................... 13 Degrees in the Faculty of Law ............................................................................................. 15 Enrolment .......................................................................................................................... 17 LLB Compulsories ........................................................................................................... 18 Research and Writing (Laws 498) .................................................................................. 19 Advocacy Skills — Mooting (Laws 499) ....................................................................... 21 Double Degrees — Requirements ................................................................................. 22 Course Loads .................................................................................................................... 24 Choosing Your Papers ..................................................................................................... 25 First Year Law .................................................................................................................. 30 Second Year Law .............................................................................................................. 31 Compulsory 30 point papers .......................................................................................... 33 Optional 30 point papers ................................................................................................ 34 Optional 15 point papers ................................................................................................ 35 Summer School papers .................................................................................................... 55 Schedule of papers ........................................................................................................... 59 Lecture timetable ............................................................................................................. 61 Honours ............................................................................................................................. 62 Classes ............................................................................................................................... 65 Internal Assessment ........................................................................................................ 65 Plagiarism ......................................................................................................................... 66 Examinations .................................................................................................................... 67 Professional qualification Institute of Professional Legal Studies, Dunedin branch ..................................... 71 Professional Legal Studies — College of Law ....................................................... 71 Study Overseas (Exchange) ................................................................................................. 72 Postgraduate Degrees ........................................................................................................... 72 Libraries Sir Robert Stout Law Library .................................................................................... 74 Otago District Law Society’s Library ....................................................................... 75 Faculty activities F W Guest Memorial Lecture .................................................................................... 75 Visiting Academics ..................................................................................................... 76 Otago Law Review ..................................................................................................... 76 Competitions .............................................................................................................. 77 Student Organisations Society of Otago University Law Students (SOULS) ............................................ 79 Te Roopu Whai Putake ............................................................................................. 80 Pacific Island Law Students Association ................................................................ 81 Law centres ........................................................................................................................... 81 Scholarship, prizes and awards ......................................................................................... 83 Regulations: LLB; LLB(Hons) .............................................................................................. 92 2 INTRODUCTION FROM THE DEAN OF LAW, PROFESSOR MARK HENAGHAN Welcome to the University of Otago Faculty of Law. The Law Faculty was established in 1873 making it the first Law Faculty in New Zealand. Law is one of the University of Otago’s oldest disciplines. Lectures started two years after the University opened. Its founding lecturer, Sir Robert Stout, went on to become Prime Minister of New Zealand and Chief Justice. Many other prominent New Zealanders, including Ethel Benjamin, the first woman to be admitted to the Bar in New Zealand and the Commonwealth, and former Governor-General Dame Silvia Cartwright, have studied Law at Otago. The Otago Law Faculty has a very experienced team of legal academics who have international reputations in their fields. Otago Law Faculty lecturers have worked and studied all over the world – from Oxford to Harvard, Yale to Cambridge and from British Columbia to Stanford. The University of Otago Faculty of Law continues to lead the way in legal research. Otago was ranked first in the country in the most recent (2012) PBRF assessment of the quality of research performance by all eligible academic and research staff in New Zealand universities, in the subject area of Law. This is a credit to the depth and breadth of legal research that is carried out at Otago, which enhances our teaching and our ability to influence Law reform through our publications. The Law Faculty produces the Otago Law Review, which law libraries from around the world subscribe to. The Law Faculty prides itself on ensuring that students receive the best possible legal education at all stages of their law degree. Our staff are always willing to assist students with any concerns they may have. The Faculty has also received the most number of national teaching awards in New Zealand, including Selene Mize and most recently Jacinta Ruru who have both won the Prime Minister’s Supreme award for their teaching in Law. The Otago Law Faculty is proud of its long history and tradition of providing a world-class legal education second to none. In recent times the Otago Law Faculty has produced ten Rhodes Scholars (Susan Lamb, Jenny Cooper, Damen Ward, Sally McKechnie, Christopher Curran, Glen Goldsmith, Jesse Wall, Laura Fraser, Alice Irving and Louis Chambers), more than any other faculty or school in any discipline in any other university in New Zealand. A Rhodes Scholar needs to be outstanding academically but also has to be a well rounded person of character who excels in cultural, community and sporting endeavours. A large number of Otago law students also achieve success in national and international law competitions – a barometer of the Faculty’s ability to educate and prepare top quality graduates. Some of the recent highlights include: • 2016 Mitch East and Taoran Li won the Mahony Cup in the New Zealand Law Foundation National Family Law Moot. • 2016 Alice Tiffany and Amalie Blackman won the Mooting Competition at the Pasifika Law and Culture Conference held in Wellington. Alice was also named best speaker. 3 • 2015 Megan Paterson won the Allen's Witness Examination Competition at the Australian Law
Recommended publications
  • Dinner Speech at the Conclusion of The
    1085 DINNER SPEECH George Barton QC* This conference, now ending, has provided a special opportunity for those who have long admired Sir Ivor Richardson to celebrate his outstanding contribution to New Zealand, over many decades. All of those who have taken an active part in the Conference will have been honoured to co-operate in such wonderful festschrift. It has been like basking in reflected glory! On occasions like this, it has become almost traditional practice to recapitulate the biographical data of the guest of honour. The temptation to follow the standard practice should be resisted. Sir Ivor needs no reminding that he was born in Ashburton, was a pupil at Timaru Boys' High School, graduated in 1953 with an LLB degree from Canterbury University College of the University of New Zealand - and so on! Indeed, being constantly reminded of the basic facts in dinner-speech after dinner-speech, Sir Ivor might well be justified in drawing the inference that doubts are held about his ability to recall the most elementary facts about his own life. It is sometimes said that a mandatory age of retirement is explained as a kind of statutory presumption of senility. There is no room for such a rationalisation in Sir Ivor's case. But it must be acknowledged that mandatory retirement does avoid the kind of problems that seem to have arisen in the past when some Judges were able to remain on the Bench until their 80s, or even their 90s. One remarkable example was Salathiel Lovell, who was on the verge of 90 years of age when, in 1708, he was appointed a Baron of the Court of Exchequer in England.
    [Show full text]
  • The Effectiveness of Tax Reviews in New Zealand: an Evaluation and Proposal for Improvement
    THE EFFECTIVENESS OF TAX REVIEWS IN NEW ZEALAND: AN EVALUATION AND PROPOSAL FOR IMPROVEMENT The Centre for Commercial and Corporate Law Inc 2020 i The Effectiveness of Tax Reviews in New Zealand: An Evaluation and Proposal for Improvement Published in Christchurch by The Centre for Commercial & Corporate Law Inc School of Law, University of Canterbury Private Bag 4800, Christchurch, New Zealand ISBN 978-0-473-52769-3 This publication is copyright. Other than for the purposes of and on the conditions prescribed by the Copyright Act no part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means whether electronic, mechanical, microcopying, photocopying, recording or otherwise without the prior written permission of the copyright owner(s). The publisher, authors and editors expressly disclaim any and all liability to any person whether a purchaser of this publication or not in respect of anything or the consequences of anything done or omitted in reliance in whole or part. Published by the University of Canterbury ii Foreword FOREWORD This book proposes the establishment of a New Zealand Taxation Review Commission (NZTRC). It develops its argument for this in two ways. First, there is a survey of ad hoc tax reviews between 1922 and 2019. This survey ends with an analysis of the learnings that can be drawn from these reviews and draws together some thoughts on the characteristics of ‘best practice’ for review committees. Secondly, lessons are sought from a selection of permanent bodies that consider aspects of tax policy in a number of other countries.
    [Show full text]
  • The Court of Appeal, 1958
    The Court of Appeal, 1958 (from left) WSTICE CLEARY; WSTICE GRESSON, President; WSTICE BARROWCLOUGH, Chief Justice; WSTICE NORTH The Court of Appeal, 1968 (from left) JUSTICE McCARTHY; JUSTICE NORTH, President; JUSTICE WILD, Chief Justice; JUSTICE TURNER. Inset: Temporary judges of the Court of Appeal (left) JUSTICE WOODHOUSE; (right) JUSTICE RICHMOND. JUDGES AT WORK: THE NEW ZEALAND COURT OF APPEAL (1958-1976) BY PETER SPILLER* I. INTRODUCTION On 11 September 1957, the New Zealand Attorney-General, the Hon John Marshall, moved the second reading of the Bill for the establishment of a "permanent and separate" Court of Appeal. He declared that this was "a notable landmark in our judicial history and a significant advance in the administration of justice in New Zealand".! The Bill was duly passed and the Court commenced sitting in February 1958. In this article I shall analyse the reasons for the creation of the so-called "permanent and separate" Court of Appeal. I shall then examine the Court of Appeal judiciary, the relationship between the Court of Appeal and the Supreme Court, and the work of the Court of Appeal, during the tenures of the first four Presidents of the Court. I shall conclude by assessing the extent to which the expectations of the Court at its outset were realised in the period under review. The aim of this article is to provide insight into the personalities and processes that have shaped the development of the law in the highest local Court in New Zealand. II. GENESIS OF THE "PERMANENT AND SEPARATE" COURT OF APPEAL The New Zealand Court of Appeal existed as an effective entity from February 1863, when it commenced sitting in terms of the Court of Appeal Act 1862.2 The Court had been established in response to requests by the judges for a Court within New Zealand which would provide a level of appeal more accessible than that which lay to the Judicial Committee of the Privy Council in London.3 The Court was composed of all the judges of the Supreme Court.
    [Show full text]
  • Year 9 Enrolment Information
    HUMILITY INDUSTRY COURAGE INTEGRITYPRIDEHUMILITY Palmerston North Boys’ High School EstablishedRESPECT 1902 INDUSTRY YearHUMILITY 9 Enrolment RESPECT COURAGE InformationPRIDE COURA INTEG KEY STAFF MEMBERS RESPECT INTEGRITY PRIDERector Deputy Rector HUMILITYMr David Bovey Mr Gerard Atkin Senior Master Senior Master Senior Master Director of Teaching & Learning Mr Peter Truter Mr Grant Sinclair Mr Howard Pinder Mr Paul Gibbs RESPECTPRIDE Year 8 Dean / Careers Advisor Year 9 Dean Year 9 Dean Dean of Māori Student Achievement Dean of Pasifika Students INDUSTRYMr David Barwick Mr Jason Moore Mr Jason Cudby Mr Josh Strickland Mr Lifeimi Mafi COURAGE College House Manager Academic Dean Leadership Director School Counsellor School Counsellor Mr Matthew DavidsonINDUSTRMr Ken Benn Mr Anthony Lobb Mr YStephen Dawson Mr Brett Greer Sport and Cultural Dean / Student Support Sport Development Coordinator Mrs Barbara Shorter INTEGMr Scott Davidson R CONTENTS Chapter 1: General Information Vision 2 School Profile and Board of Trustees 2 Our Philosophy of Educating Young Men 3 Our Graduate Profile 4 Our Code 5 Awards and Scholarships 6 Clubs 6 Pool and Gymnasium 6 Times, Dates and Attendance 7 School Donations and Payments 7 Getting to School 7 Class Organisation and Courses 8 Staff 9 - 10 School Uniform Supply and Price List 11 Sports Uniform Price List 11 Uniform Shop Times 12 Uniform Shop Appointments 12 Second Hand Uniforms 12 Fundamental School Rules 13 Basic School Rules 14 - 16 Obtaining Further Information 17 Enrolment Scheme Zoning 17 - 19 Chapter
    [Show full text]
  • The New Zealand Army Officer Corps, 1909-1945
    1 A New Zealand Style of Military Leadership? Battalion and Regimental Combat Officers of the New Zealand Expeditionary Forces of the First and Second World Wars A thesis provided in fulfilment of the requirements for the degree of Doctor of Philosophy in History at the University of Canterbury, Christchurch, New Zealand Wayne Stack 2014 2 Abstract This thesis examines the origins, selection process, training, promotion and general performance, at battalion and regimental level, of combat officers of the New Zealand Expeditionary Forces of the First and Second World Wars. These were easily the greatest armed conflicts in the country’s history. Through a prosopographical analysis of data obtained from personnel records and established databases, along with evidence from diaries, letters, biographies and interviews, comparisons are made not only between the experiences of those New Zealand officers who served in the Great War and those who served in the Second World War, but also with the officers of other British Empire forces. During both wars New Zealand soldiers were generally led by competent and capable combat officers at all levels of command, from leading a platoon or troop through to command of a whole battalion or regiment. What makes this so remarkable was that the majority of these officers were citizen-soldiers who had mostly volunteered or had been conscripted to serve overseas. With only limited training before embarking for war, most of them became efficient and effective combat leaders through experiencing battle. Not all reached the required standard and those who did not were replaced to ensure a high level of performance was maintained within the combat units.
    [Show full text]
  • V.Alum 2012Pdf3mb
    FACULTYFACULTY OFOF LAWLAW A YEARYEAR ININ REVIEWREVIEW 20122012 Welcome to another edition of V.Alum ACH YEAR FOR THE PAST FIVE YEARS it has been my privilege to E introduce you to our year’s work and the many achievements of our staff and students. I am always compelled to state how proud I am of those achievements and you, as readers, are within your rights to think ‘He would say that, wouldn’t he?’ (as Mandy Rice Davies said of a witness to the judge of her trial). This year is a little different. The work and talent of this Faculty has been judged in the QS World University Rankings by Subject, a global ranking that compares universities across 29 individual disciplines. The ranking features over 600 universities from 27 countries in the world, using more than 50,000 responses from academics and employers, and is the largest survey of its kind to date. The Faculty of Law at Victoria ranked highest in law for a New Zealand university, in the top five of law faculties in Australasia and 23rd in the world. It is wonderfully satisfying to have all the hard work, persistence and sheer talent of my colleagues recognised. On a more domestic note, our students feel the same way. In a survey of “Student Experience” conducted by Victoria University, we scored 89% in terms of satisfaction with their experience of this Faculty. This result is also rewarding in a different way. Our students are our ambassadors and a reflection of our core values and abilities. James G.
    [Show full text]
  • Public Defence Service an Important Influence on Criminal Law Practice
    ISSUE 933 · OCTOBER 2019 Public Defence Service An important influence on criminal law practice Reflections on a Pro bono legal Red flags! Is your US lawyers, ground –breaking services support law office as judges and Feminist Moot Canterbury healthy as you civil rights Muslim think? community Page 19 Page 42 Page 51 Page 72 Need Research? Use us as your legal research provider The NZLS Library, legal research and document delivery service is fast, e cient and thorough. With our extensive resources we can provide comprehensive cost-e ective searches of case law and commentary both in New Zealand and internationally. FOR MORE INFORMATION ABOUT OUR SERVICES: www.lawsociety.org.nz/law-library AUCKLAND [email protected] 304 1020 WELLINGTON [email protected] 473 6202 CANTERBURY [email protected] 377 1852 Photo by Sippanont Samchai Sippanont CC-By-NC-ND by Photo A BEQUEST TO THOSE WHO NEED IT MOST A Bequest to the Society of St Vincent The Society is a Catholic organisation de Paul is a lasting way to help the which recently celebrated 150 years most disadvantaged and needy in of compassion and service to the our community. people of New Zealand. Your Bequest will ensure the Society’s We have a nationwide network of vital work of charity and justice workers and helpers who provide continues to thrive. practical assistance every day to people in desperate situations. Help is offered Be assured it will make a huge to all, regardless of origin, cultural difference where the need is greatest. background or religious belief.
    [Show full text]
  • Yearbook of New Zealand Jurisprudence
    Yearbook of New Zealand Jurisprudence Editor Dr Richard A Benton Editor: Dr Richard Benton The Yearbook of New Zealand Jurisprudence is published annually by the University of Waikato, Te Piringa – Faculty of Law. Subscription to the Yearbook costs NZ$40 (incl gst) per year in New Zealand and US$45 (including postage) overseas. Advertising space is available at a cost of NZ$200 for a full page and NZ$100 for a half page. Communications should be addressed to: The Editor Yearbook of New Zealand Jurisprudence School of Law The University of Waikato Private Bag 3105 Hamilton 3240 New Zealand North American readers should obtain subscriptions directly from the North American agents: Gaunt Inc Gaunt Building 3011 Gulf Drive Holmes Beach, Florida 34217-2199 Telephone: 941-778-5211, Fax: 941-778-5252, Email: [email protected] This issue may be cited as (2010) Vol 13 Yearbook of New Zealand Jurisprudence. All rights reserved ©. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1994, no part may be reproduced by any process without permission of the publisher. ISSN No. 1174-4243 Yearbook of New ZealaNd JurisprudeNce Volume 13 2010 Contents foreword The Hon Sir Anand Satyanand i preface – of The Hon Justice Sir David Baragwanath v editor’s iNtroductioN ix Dr Alex Frame, Wayne Rumbles and Dr Richard Benton 1 Dr Alex Frame 20 Wayne Rumbles 29 Dr Richard A Benton 38 Professor John Farrar 51 Helen Aikman QC 66 certaiNtY Dr Tamasailau Suaalii-Sauni 70 Dr Claire Slatter 89 Melody Kapilialoha MacKenzie 112 The Hon Justice Sir Edward Taihakurei Durie 152 Robert Joseph 160 a uNitarY state The Hon Justice Paul Heath 194 Dr Grant Young 213 The Hon Deputy Chief Judge Caren Fox 224 Dr Guy Powles 238 Notes oN coNtributors 254 foreword 1 University, Distinguished Guests, Ladies and Gentlemen, I greet you in the Niuean, Tokelauan and Sign Language.
    [Show full text]
  • Vietnam War Veterans Were Analysed to Build Themes from Patterns in the Men’S Talk About Coping with War and Life Afterwards
    Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. Home from War A thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Psychology at Massey University, Auckland Veronica Hopner 2014 Abstract Home from War is an account of which factors strengthen and aid coping with the impact of war, combat experiences and military service post-war for New Zealand veterans. While there is extensive and valuable research into combat-related stress reactions, and Posttraumatic Stress Disorder, little attention has been given to what might support veterans’ abilities to cope with war experiences across the life span. Oral histories of 25 First World War veterans, 25 Second World War veterans, and 20 Vietnam War veterans were analysed to build themes from patterns in the men’s talk about coping with war and life afterwards. Thematic analysis was used to identify, analyse, interpret and summarise themes or patterns in the qualitative data. Three themes were identified. ‘Personal growth and development’ is a discussion of the psychological and emotional growth which occurred from benefits of military service. Such growth included emotional and intellectual maturity, independence and tolerance which developed from experiences of travel, general positive effects of military service and Posttraumatic Growth. ‘Social regard and status’ was found to be important to facilitate veterans’ return from war, especially genuine positive acknowledgement expressed at social and political levels through rehabilitation assistance, social respect and sites of remembrance.
    [Show full text]
  • The 3Rd New Zealand Division and Operation ‘Squarepeg’
    Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. “With the utmost precision and team play”: The 3rd New Zealand Division and Operation ‘Squarepeg’ A thesis presented in partial fulfilment of the requirements for the Master of Arts (Defence & Strategic Studies) by Shaun Mawdsley Centre for Defence and Security Studies College of Humanities and Social Sciences Massey University 2013 ABSTRACT This thesis examines the influences and course of the 3rd New Zealand (NZ) Division’s preparations for Operation ‘Squarepeg’ in the Green Islands, in February 1944. It argues that as the largest New Zealand amphibious operation of the Second World War, ‘Squarepeg’ holds a key place in identifying the development of amphibious and jungle warfare doctrine within the New Zealand Army during the war. As such, it can indicate the abilities of the 3rd NZ Division to conduct combat operations in the South Pacific in 1944. The thesis shows that the New Zealand Army was unprepared for operations in the South Pacific, as it had neglected relevant inter-war developments. The hasty formation of the 3rd NZ Division in 1942, as a response to Japanese expansion in the South Pacific, served to highlight the challenges that the division and its commander, Major-General Harold Barrowclough, had to overcome. The studying of foreign doctrine to supplement the dearth of New Zealand material was vital for the 3rd NZ Division’s preparations for deployment.
    [Show full text]
  • REVIEWS Peter Lineham Paints with a Broad Brush Indicating That the Word
    REVIEWS Peter Lineham paints with a broad brush indicating that the word 'church' is not a monochrome term. At some points the essay is impressionistic and additional documentation would have strengthened it. He gives examples of the way in which both churches and the state have shared mutual concerns, such as the delivery of social welfare, and on other occasions have been on opposite sides, such as the Bible-in-schools debate. He describes churches as operating most successfully 'as interest or pressure groups' encompassing within themselves considerable diversity. When their prophetic concerns have been voiced on issues such as the Vietnam war and the 1981 Springbok tour they have sometimes ruffled the feathers of both governments and some of their own members. The voice of the Church is increasingly fragmented and weak as a result of secularization and the post-Christendom age in which they operate. The Hikoi of Hope, led by Anglicans in 1998 as a protest against growing inequalities in New Zealand, is a reminder that the relationship between 'God and government' and issues to do with religion and the state have continuing importance for New Zealand society. This volume is a timely reminder that historians need to be careful that their own secular lenses do not filter out these dimensions from the way that they see the past and the present. ALLAN DAVIDSON Si John's College, Auckland Kia Kaha: New Zealand in the Second World War. Edited by John Crawford. Oxford University Press, Auckland, 2000, 330 pp. NZ price: $39.95. ISBN 0-19555-84'38-4.
    [Show full text]
  • New Zealand Law Society 1869-2019
    A Changing Profession NEW ZEALAND LAW SOCIETY 1869-2019 BY GEOFF ADLAM 18 LAWTALK 932 · SEPTEMBER 2019 NEW ZEALAND LAW SOCIETY ◂ Portrait of Sir James Prendergast, ca 1890–1900 Ref: 1/2-031752-F. Alexander Turnbull Library, Wellington, New Zealand On 20 November the New Zealand Law Society Act 1869 Amendment Act 1877 makes it lawful for Law Society members to form a district law society in any Supreme Court district and to elect a Council. The New Zealand Jurist says the number of legal prac- titioners in New Zealand is 225. 1869 1870 1875 1876 1877 On 19 February by warrant James Prendergast is the Governor appoints a appointed Chief Justice. As 12-man Council with James far as can be determined, Prendergast, Attorney- no successor as President General, as President. was appointed. On 3 September Parliament passes the New Zealand Law Society’s Act 1869, for all bar- risters and solicitors of the Supreme Court lawfully practising within the Colony of New Zealand to “for ever hereafter be and be called one body politic and corporate in deed and in law by the name of style of ‘The New Zealand Law Society’.” The New Zealand Law Society is the second lawyers’ organisation to come into exist- ▸ New Zealand Law ence. On 16 October 1868 the Canterbury Society’s Act 1869 District Law Society was established at a New Zealand Acts As meeting in Christchurch. Enacted, NZLII 19 NEW ZEALAND LAW SOCIETY SEPTEMBER 2019 · LAWTALK 932 ◂ Sir Āpirana Ngata, photographed in 1910 by Herman John Schmidt Ref: 1/1-001566-G.
    [Show full text]