Kolbarau aneru te Tankini,れpi. Colbarau aneru te Tankini te jawap typinga i mi bow probable. Palau gengetao operā, teps gollTV, Ruorea mâ newiwn i seuations. Reziartyrangai, Reziartyrangai cre Mixr porEmos, Reziartyrangai aneru te Gemaniies i kumandola gan maidote mountinga deckata minder Reziartyrangai anera whitarier Reziartyrangai anellimangol Reziartyrangai abtandinau Reziartyrangai infarre kaipanis, reziartyrangai reziat 캅ba Reziartyrangai anerur� ngiri Reziartyrangai aneru te Tim operatoron rai maudadaw completionu nagsiau padawa. A tuいや eau milhau ar syni itimpiatru aarabia. Fātimu iaithi wneosiaikor 10, 1,iddita, 1,15 a ku bayata, allena mana 20 eau padawa. You'll see, i panfi surpassteburster mei hofala Firstly eau pallas atama ikidemi. we're going to talk about 27 of the 50 eclectiv courses that will be offered next year. Te Pana kaisau 1 mivuraturadatad du على mamitha. 20, shagilled for the first semester of next year and 26 for the second semester. Before individual teachers tell you about their particular courses for next year, either as a means of encouraging your interest or possibly of deterring you from enrolment, there are a number of general points that need to be made, so if you'll just bear with me for the next 14 minutes or so, there are the five things that are shown there following the word introduction and there are three other generic matters for us to address as well, just so that you have a context in which to consider each of the elective courses that's been presented to you. So the first is the structure of the LLB degree and students sometimes, because they perhaps mathematically challenged or because they confuse what is meant by compulsory and what is meant by elective, find themselves at the end of part for 10 points short of their degree requirements and then some hasty footwork is needed or approval of a late supervised research paper or something to get them out of their dilemma and so that their ability to do profs won't be prejudiced, their ability to graduate and the next graduation ceremony won't be prejudiced as well. So in working out how many electives you need, I think what you need to do is look at parts three and four of the degree holistically. Within parts three and four, you need to take land, equity, jurisprudence, law 399, legal ethics and law 499 or 498 and I'll explain 498 soon, but those are both zero point courses and then elective courses which allow your total points for parts three and four to add up to 240. So we're talking about 120 points per part of the degree or 240 points for parts three and four combined. If within part two, you passed law 299. So if part two for you consisted of 120 points criminal public torts contract and law 299, 120 points, then you need another 240 points to complete your degree. If you're one of those students who has come into part two this year and is undertaking law 298, which is worth 10 points, added to crimes, public torts and contract, that makes 130 points for part two as a whole, then the required total for parts three and four is not 240, but 230. In other words, if you've done 10 extra points in part two because you've taken law 298, 10 fewer points to take later on in your degree, 10 fewer points in electives. So in doing the maths and certainly the student advisers can assist if you're in any doubt about whether you're on track, you're working towards a total of 240 points across parts three and four. Compulsory and elective courses combined unless you've done 298 in which case the requirement is 230 points in total. Law 499 is called legal practice. It has no points associated with it. It is a device. It is a device by which the law faculty makes sure that students in the course of part three or four of their degree have participated in a compulsory moot in part three or one of the limited alternative moots that will recognise the Maori issues, the Pacific issues and the family law moots. So the general moot, the Maori, the Pacific or the family and have written a number of assignments, written assignments of at least 1500 words. Now it's hard to avoid those assignments since we introduced compulsory coursework into every elective. So almost inevitably, amongst your 11 or so elective courses that you choose, there will be at least five pieces of writing that you will have been doing of at least 1500 words and thereby you satisfy the requirements of law 499. Law 498 is being introduced next year for students who will be commencing part three in 2017 or later. And it differs from law 499 in two respects. Firstly, there is a wider range of moots to choose from. So basically any moot beyond part two, not just the general faculty one, the Maori, the Pacific and the family, but any, including the competitive ones beyond part two, will satisfy the mooting requirement if you are enrolled under law 498. The other difference is that rather than requiring five pieces of writing, of a short writing of 1500 words, law 498 will require one sustained piece of writing of a minimum of 4,000 words in the course of your degree, in the course of your electives. So for those that choose, students moving to part three next year must do law 498. Those of you who are already in part three or four have the option of either 499 or 498. Neither of them carries any points. 498 will give you a greater choice of moots, but it does require a piece of sustained writing of at least 4,000 words. There are entries in your course descriptions booklet on page 19 explaining law 498 and 499 and the requirements for both. Now there's one refinement and that is when this was drafted and went off to print two days ago, it said what the likely requirements would be for law 498, but they are now confirmed. So it said I think a sustained piece of writing of at least 4,000 words as a probable requirement that's now confirmed to say actual requirement. It also says that that piece of writing of 4,000 words may be satisfied in various ways and those ways include completing a supervised research paper, a pelo, and we'll talk about those in a moment. The report for the community law project or the community law internship and we'll talk about those. Research essay for a 15 or 30 point master's course if you choose to include a master's course within your degree and in a minute we'll talk about those possibilities. Any other single piece of writing of the required length on a seminar papers and dissertations do not qualify. Cross out the word not. On a seminar papers and dissertations do qualify for law 498. They involve sustained writing. Our concern is to signal to prospective employers that each law graduate of this law school will have done at least one piece of sustained writing of 4,000 words or more. Honour students will inevitably have done that through their honours requirements. LLB students have a variety of options, ways in which they can satisfy that requirement. So, leading on to the next heading, law 456, supervised research. There is an entry on page 63 in the booklet about supervised research. This is a 15 point elective which is essentially an opportunity for any law student to investigate some area of law in which they're interested and to write a 10,000 word research paper under the supervision of one of my academic colleagues. It can be in any area of law whatsoever. So, let's say you have a particular interest and it's not accommodated by any of the electives that we're offering, then this is your opportunity to write about your area of interest, 10,000 words, and to be supervised individually by a staff member. If you complete, if you adopt that option and complete your 10,000 word research paper, then you've relieved yourself of 15 points of electives that you otherwise would have had to do because the waiting for the selectives 15 points. You've satisfied that extended writing requirement for Law 498 because you've written more than 4,000 words and there is flexibility not only in terms of the subject matter of your supervised research but of the timing as well. So, a supervised research paper can be completed in summer or in the first semester or in the second semester just so long as there's somebody who's available and willing to supervise it for you. All right, if you have a look at the next page, page 64 in your course descriptions booklet, you'll see there firstly at the top half of page 64 an entry about pillows, papers in lu of, in lu of what, in lu of exam. So, in any elective course that you are taking as part of your LLB or LLB Honours degree, whether it's a 10 point, a 15 point or a 20 point, if that elective course involves a final examination at the end of the semester, you may apply in lu of that examination to present a research paper. Now, the length of the research paper, which will obviously be on a topic relevant to the course, will vary according to whether it's a 10 point, a 15 point or a 20 point elective. So, again, if within a particular elective course there's something that you're passionate about to have a burning interest in and would like to pursue that and thereby avoid an exam at the end of the semester as well, then a paper in lu of exam with the approval of the relevant teacher is a possibility. It's in respect of papers in lu and only in respect of those that we insist on students attending classes. So, if you're enrolled in any other elective, there's no obligation to attend lectures, but where there is a research paper in lu of the exam that you are presenting, then you're required to attend so that you get reasonably broad coverage of the course and just don't pack us on the one narrow aspect of the course about which you're writing your research paper. So, again, a paper in lu of exam will inevitably be a fourth, well, will nearly always be a 4,000 or more words and therefore it would satisfy that extended or sustained writing requirement also for law 498 for those of you that may be enrolling in 498. Masters courses, brief entries again on page 64. And one of the handouts identifies for you the Masters courses that may be considered by part four students for inclusion as electives within their LLB degree. So, this year, for the first time, we encouraged part four students that are students who had passed at least 120 points beyond part two, part two and another 120 points, and who had a B average in the last two semesters or in the last 120 points to be permitted to do one or two or maybe even three Masters courses as electives within the LLB. And that arrangement continues into next year, not for all Masters courses, but for those that are listed on this sheet. So, as it shows at the top, if the prerequisites to be able to include any of these in your LLB are that you've passed at least 120 points beyond part two and that you have a GPA of five, that is a B average across your most recent 120 points of law studies. If so, then you could consider any of those one, two, three, four, five, six, seven, eight, nine Masters courses that are listed, some of which are weighted as 30 points, some of which are weighted as 15 points. You may include up to 45 points of Masters courses within your LLB, in which case they count as LLB electives. Some of the Masters courses are taught intensively over three days or maybe five days. Others are semester long. None of them is assessed by wave exam. So, if exams are not your thing, Masters courses are an opportunity to avoid exams. They are assessed by way of research papers. For a 15 point Masters course, a research paper of six and a half thousand words. For a 30 point Masters course, a research paper of, or research essay of 12 and a half thousand words. Either of those, of course, satisfies the sustained writing requirement for law 498. So, if you are unimpressed by, let's say the 20 elective courses that are being offered in the first semester next year, then you can consider that there are, in addition, five Masters courses being offered in the first semester next year, which can be taken if you're a part four student as part of your LLB degree. And if so, then you would get an opportunity with the teacher of the Masters course to negotiate your particular topic within the Masters course, on which you'll be writing either six and a half thousand or 12 and a half thousand words, depending on whether it's a 15 or 30 point Masters course. If we look at page 51 in the handbook, the course descriptions booklet, you will see on the second half of page 51 an entry about Law General 447 Community Law Project. And back on page 39, a similar entry for community law internship. These are opportunities to work with community organisations for 75 hours and respect of the project for 150 hours and respect of the internship. To write either a 5,000 word reflective report on that experience or a 10,000 word reflective report for the project or the internship respectively, and they are electives worth 10 and 20 points respectively. So if there's a particular community organisation that you would like to work with, youth aid, victim support, whatever it may be, and you can arrange or syrancica on your behalf can arrange for you to spend 75 hours, then you can be credited with a 10 point elective subject to writing the report or 20 points under the Community Law Internship rubric subject to a 10,000 word report. And those reports, of course, are of sufficiently that they satisfy the sustained writing requirement for those that need to do that for Law 498. Okay, just two more generic comments and then Peter, you'll get your opportunity. The first is that there are some new courses being offered next year that haven't been offered previously or are returning after an interval in a changed form. So this year there was no course in advocacy. Previously there was an elective course in advocacy. It was limited to 40 students, typically about 70 or 80 students wanted to take it. Next year there will be two advocacy courses. In the first semester there will be trial advocacy, page 46 in your booklet. In the second semester appellate advocacy, it's page 52, each of them will be limited to 30 students in respect of trial advocacy to 40 students in respect of appellate advocacy. So in total up to 70 students could be accommodated across those two courses. And both courses are being taught by teams from Meredith Connell. And each of those teams will be coordinated by somebody who will be the course director and responsible for the coherency of the course and so on. The other new development is a human rights clinic. This is clinical legal education. The law school's first foray into this sort of elective course other than the community projects and internships, which we've mentioned. Andrew Erewetti will teach or coordinate this course and students will work collectively on some human rights project or projects, page 63 in your course descriptions booklet, for information about the human rights clinic. Though the information there is very sparse. It says, I think, just that this is a new course. The details will be announced. The last point, general point, is that, as you may know, the law school has advertised a number of academic vacancies and is hoping over the coming weeks to make a number of academic appointments. So some colleagues have departed for other pastures. Some will be departing, whether by way or more, often by way of retirement than any other course. In anticipation of those departures or imminent departures, there are a number of academic positions to be filled. If they are filled in sufficient time for the new appointees to be here next year, then there may be further elective courses offered to supplement the ones that we already know about. So regard the 20 show-in for the first semester next year as a minimum number, there may be others. The 26 for the second semester next year as a minimum number, there may be others. And if there are others, we'll let you know about them as soon as we know about them. But there will be no increase in the four that are being offered in summer school. Any questions on any of those general matters before we turn to specifics? Yeah. No, they're not. And one of the reasons that they're not is because often in part for students go on exchange and we wanted all students to have access to the advocacy courses. However, they are restricted as to numbers and so you might be interested in the selection criteria. So if there are more than 30 students wanting to do trial advocacy, if there are more than 40 students wanting to do appellate advocacy, then the selection criteria in each case are each student's GPA across the law courses that they've done to date and their expressed interest and ability in advocacy as shown by previous participation in mooting or other competitions. And those courses are not restricted against each other. So there's nothing that says you will necessarily be limited to one and have to make a choice whether it's trial or appellate advocacy. Anything else? The Human Rights Clinic course, is that proposed against semester one or semester two? Semester two, if I need to give Andrew time to organise it. So it will be in semester two. It will have, I think, some lectures at the beginning, but then students will be briefed as to how they should act within the organisations that they're working with and so on. The details of the assessment are still being worked out. You'll see, in fact, throughout the course descriptions booklet that it's silent on the assessment arrangements for the elective courses. Now that's not because we haven't thought about them. In most cases, the assessment arrangements have been pinned down, but in a few instances there are still some details to be said or before we can publish those. Is there any other general thing to say, of course, is that for those of you who are already secure in your place in law school and not in a competitive situation, enrolments for next year open on the first Monday of November, as they always do, so that's Monday the 7th of November. If you're in part three or four now, then you can enrol in your elective courses as from the 7th of next month. If you are currently in part two and moving to part three next year, you will not be able to enrol in any part three courses until we move you into the part three group, and that will occur only in December when we've got all of the part two results and can confirm that you have in fact completed the part two requirements and we will move all such students together on block, on mass, so that none have a time advantage over others, depending on when the last of the part two grades come in. All right, well, if there's anything else generic, we can come back to it at the end. So now it's my pleasure to ask Professor Peter Devinshire to address you about the personal property elective. Okay, so personal property is a 10-point paper. There is 750-word case comments and then a final exam. Why would you want to take the course? Because when you take land law, you've taken one half of the property, the other half is personal property. Let me tell you very briefly what we'll cover. We'll cover the boundary between wheel and personal property. When has a chattel become land? It played out in some important commercial litigation. You might be forgiven for thinking why isn't it covered in a commercial lease or commercial conveyance? The answer is people forget it. So boundary between wheel and personal property, we follow that on with the consequences of possession. Much of the course is concerned with tangible personality. In other words, this is tangible personality. Anything capable of being physically held. So we look at possession. We move to the finder's cases. You will find a lot of the topics resonate with your daily life. For example, you're in a field, somebody else's field having a picnic, you see a shiny object, it's a gold fountain pen. And you think, I'd like that. The owner isn't in the picture. So you're the finder. However, the farmer looks over the hedge and says, give it to me. The question is, do you? And what would be the consequences if you don't? Okay, that's sort of very practical orientation. We have a couple of classes on the Personal Property Securities Act, which is a major piece of legislation. The remainder of the course will be on bailment. Bailment is an everyday event. We're all bailees. In other words, bailment arises when one person is in possession of the goods of another. So if I give you this, you become my bailee. Huge and significant consequences flow from that. It could be a personal relationship. It could be a complex commercial one. The principles will be largely the same. The feedback that I've got from the course is that people find it incredibly useful, incredibly valuable, just in their daily lives as laypeople as well as lawyers. Okay, any questions arising? And if none, we move on to Rowan Havelon. Thank you, Peter. So the entry for Personal Property was on page 32. And for the next course, page 35, we will pick. Good afternoon, everyone. My name is Rowan. Next year in semester two, I'm taking a course which is entitled Aspects of Insurance Law. This is a 10-point paper of two hours a week of lectures. The assessment will be by way of a final exam and a compulsory opinion. The course will cover the essential aspects of insurance law. I've listed them in the course handbook. We'll start by looking at the history of insurance and insurance law. Then move on to the duty of utmost good faith, duty which an insured has. At the time, they take out insurance to disclose material facts to the insurer and not make a misrepresentation. We'll then move on to how an insurance policy is interpreted, the scope of cover, the content and effect of warranties and conditions, the claims process and fraudulent claims, and finally, how the insurer's obligations are quantified. So why might you consider taking this paper? Well, I'll give you four reasons. First is that insurance is highly important in legal practice, particularly if you're thinking about practicing litigation. Often insurers will be found behind commercial parties and therefore understanding of insurance law is a real advantage in the context of litigation. Secondly, learning insurance law will reinforce knowledge and skills from the foundational subjects such as contract law, because insurance law is essentially a mix of contract law and more specific principles and legislation dealing specifically with insurance. Thirdly, the course will have a very practical focus. I'll spend some lectures going over typical insurance law problems, including past examination problems. So it won't simply be ordinary lectures. There'll be a mix of lectures and more practical workshops. And the final reason is a monetary one. There is a prize of $1,000 if you come first. So for those reasons, I'd encourage you to consider taking insurance law. And I look forward to seeing some of you there. Thank you. Thank you, John. Law and IT is the next page. 30 in your course description in this booklet. Judge Huffington. Thank you, Steve John. Good afternoon, everybody. Law and IT, Lawcom 426, is a 15-point paper. There is an exam. It's an open book exam. And it's all about tech. If you code, that's an advantage. When you think of the law, most of it's if-then statements anyway. So it's kind of fun. We look at all sorts of things. Some new stuff that we'll be looking at next year will be implications of blockchain on smart contracting and whether or not you're going to need to know how to code and what code means when it comes to contractual interpretation because it's a new world. We will be looking at legal expert systems and how to do yourself out of a job by designing software applications that at least will simplify many of the processes. What we are presently in as we stand here, we are in what I call kinetic space. We touch, we talk, we're physically present with one another. Information technologies allow for kinetic space to dissolve. So instead of a courtroom being a place, in fact, court becomes a service that is offered. The way in which legal services can be provided, the way in which the law and legal advice can be provided, can be commoditised as a result of information technology systems. Underneath all of this, of course, is the internet. And there are issues that we'll be looking at like governance systems, who runs the domain namespace, how, why, and whether or not it shouldn't be changed, how to engage in criminal behaviour online and how not to get away with it because we'll be looking at computer searches and surveillance and all of that type of stuff. We cover pretty much the entire law course in a sort of overall way, seeing how information technologies impact upon it. I see that there are some of my former students from this year here. They'll tell you if I'm misrepresenting it. I find it a lot of fun to teach and I hope that my students find it a lot of fun to attend. Any questions? I'll see you all there. Thank you. So next up to Caroline Foster, International Law, that's page 54, and advanced international law, page 62. Hello, everybody. I'm Caroline Foster. I'm a South Islander. I have two primary school aged children, so I've had a very busy 10 years. What I think I might do is tell you about both of the courses and then see if you have any questions about either course. So let's start with international law. OK, so we're on page 54 of the booklet, as Stephen said. It's a 20-point course, so it's four hours a week, normally split into two days. And we cover the basics of the whole system of public international law. So we look at things like what are the sources of international law, for example, treaties, which we look at in some depths and how you interpret them. We also look, for instance, at the work of international courts and tribunals. And then in the last few weeks of the course, we do quite a lot of intensive work on use of force, where we look at the use of force by other states in Iraq and Afghanistan, but also most recently, of course, in Syria, including against ISIS and also in the Crimean Peninsula in the Ukraine, which, as you might know, was taken over by Russia not so long ago. And then we generally make a few observations about how those rules on use of force might apply in the cyber domain, which poses some really interesting questions. The teaching methods are, I give you readings, and I give you questions on those, which I usually email out after class each time. We also spend some time in class planning out exam answers, so sketching out how you would, you know, plan your answer to an exam question. And in the last three to-hour classes of the course, we do workshops on those countries where we've been looking at the rules on use of force. The assessment, as you will see, is 75% by the exam, so that's a two-hour exam, and 25% by a test partway through, which is a one-hour test. So that's public international law, the basic rules and some use of force. Now, in aspects of advanced international law, we deal with more selective topics that actually really rather contrast with what we cover in basic public international law. So I'm now on page 62 of the booklets. As you will see, it's a 10-point course, so it is only one two-hour block a week, and it is offered in the second semester, whereas the public international law course is in the first semester, but you do have to have done the public international law course to do the advanced international law course. I thought it might be useful just to mention that because it can, they're probably unexchained students here actually, so I'll leave that out, but you'll see it in the program. Let me tell you a bit more about the course. Okay, so content. The purpose of this course is essentially to look at practical problems that cross different subfields of international law. So use of force is one subfield of international law, but think about it, there are lots of other subfields, so there's trade, there's environment, there's human rights, there's investment protection, and the list goes on. And ideally, we want you to develop some skills at dealing with a practical problem that might cut across quite a few of those different areas. So first of all, we develop some familiarity with those different areas, and then we'll take a problem and we'll look at how you actually might apply those different areas together. So you can see why you need your basic international law skills to start with, you need to know what a treaty is and how you're going to put it and so forth. To give you an example of some of the sorts of cross cutting issues that we've looked at before, we have looked at subsidies in the fisheries industry and how that can incentivise overfishing leading to depletion of the fish stocks in the world's oceans. So that deals with issues that relate to trade because it's subsidies and also environment and also law of the sea. And in some cases, human rights because many countries actually depend on fish protein for food. Another example is the debate that is raging over what you can put on the packets to sell cigarettes whether you can eliminate a lot of the branding and then just require these horrible, disgusting images to put people off smoking. Trade, investment, intellectual property, human rights and health issues. A couple of examples. Maybe corporate social responsibility is another example. So you've got a description of it in your brochure. The assessment will be a mixture of class participation and the examination. Heavily weighted in favour of the examination but I should tell you that we're doing workshops also on each of the general subject areas before the exam so you have a good level of comfort going into it. It is a challenging course and it does require concerted input every class where I call on different students to contribute. And I think people have welcomed that and have fed back that they get quite a lot out of it. Do I have time to take a question? No. Sorry. Hope to see you next year. Thank you Caroline. The timetable details for all these courses are at the front of the book. That page is four to seven. The next course is guarantees and indemnities. The information for that is on page 32. Thank you, Stephen. Hi, I thought I'd first talk about the mechanics of the course and then why you'd want to do it. It's a summer school offering and it's done over eight three hour lectures. Three hour lectures are hard but you have a limited choice in summer school. We take a break every hour. On the plus side this year it doesn't start until the 24th just through cramming the lectures in so you get a little bit more holiday. Now the assessment will be there will be a multi-choice exam and the rest of it will be a closed book exam at the end of it that will be two hours. Now as far as the course goes it's... Has anyone done it before here? It's been a couple of years since I've taught it but it's a subset of contract. A guarantees is to secondary obligation if you need to get an overdraft or something like that. The bank will be more than happy to give it to you but they'll want to guarantee from the appearance. So that's the context that arises. Now why should you do it? It's an essential commercial subject. If you're practicing as a lawyer having a knowledge of the formal requirements around the guarantee it's like a contract for the sale of land. You need to do it. If you end up in court and don't know it judges expect you to. As it's a subset of contract we'll go through contractual requirements. Again it's a fair part of the course so it's a good refresher for that as well. In person speaking I was an undergrad until 1991 so I found it useful having to go back and refresh myself on what the requirements of the contract are. I tend to be very practical in the way I teach it. I work as a barrister. This is the only subject I teach. So it's for me I'm in laws about clients. I have to justify myself to clients every day. Occasionally I have to go over to the courts. Judges see my written work and I have to justify myself to them as well and advocate for my clients. So for me it starts with them. The other partners in there paying my bills and the other people to who law is important and I think it's important not to lose sight of that. I'm passionate about what I teach. I really enjoy it. I had a year off last year so it's rarer to go in it. Now what I do during the class is I'll do it more and more is have problem questions. So it's I've found that it works.  What are we doing next time is probably an emphasis on the case or more problem questions. So I just want to make sure that we go through it at a fairly slow pace. Everyone takes in what's being taught and you understand it. And if you do that you should do very well on the exam. What I'll also do is give you tips on writing and things like that through the course. As I said there is an internal assessment component but the main part of it will be your exam and to write a good exam paper you've got to write well. It's a skill that you learn through law school but when you get to doing what I do it's just cardinal. It's a cornerstone of what you have to do. So I'll be talking about courses I've done and just the skills I've acquired over time where you have to set out your argument clearly. And being able to do that I'm sure that you'll need to develop now and have throughout your career if you're to be effective. So as I said didn't look last year but really enjoy looking forward to getting into it next year and hope to see you there. Are there any questions? Thanks guys. So next Dr Jane Norton to talk about two courses write some freedoms that's page 56 in your booklet and administrative law which Jane you're co-teaching with and that is page 53. Right so a slight change is that Jan McLean is going to talk about administrative law if that's right. Janet and I are going to teach administrative law together which will be really fun we plan to make it really fun and we're not just going to be looking at judicial review we're going to be looking at administrative decision making so how administrative bodies make decisions but the main course that I'm teaching co-teaching admin with Jan McLean the main elective that I'm teaching is write some freedoms next year. So I probably know many of you from equity but I also have an interest in theory and also the theory of human rights. So write some freedom is a course that I inherited from Paul Rishworth and I've made some changes to it. We start by looking at the theory of human rights so what is a right so I build on some of the knowledge that you'll have from jurisprudence and then we look at what is a human right what do you mean when we talk about human rights and how they can be justified so one of the questions I get the students to think about is can we really have human rights if we don't believe in God so where do these rights come from and then we move on to look at the limitations that are placed on human rights and then we start to look at some case studies from the United States from New Zealand from South Africa from India from the UK and from the European Court of Human Rights and we look at case studies on torture religious freedom freedom of expression and we also look, we end the course by looking at socio-economic rights. Now to take this course I have a particular vision for this course and that is that all my students are to be independent learners and to think critically so I'm very I very much try to dissuade the students from dissitting their passively and then getting to the exam and just writing down everything that I say in fact you won't do well in that course what I want you to do and I'm pretty generous when it comes to the exam and assessment I really want you to explore the areas that you find interesting and based your assessment around that and that's, you need to read a lot and you need to think a lot and if you don't like doing that then please don't take rights and freedoms because I'll end up dealing with lots of complaints from you or you'll end up polygad in the first two weeks so if you enjoy reading and you enjoy thinking critically and if you enjoy not just regurgitating what the person in front of you says then you'll love my course the assessment is 80% exam and then 20% a discussion paper and in the discussion paper you're expected to do the reading and then critically respond to the reading so again if you find that difficult or you don't enjoy that then this won't be a course that you'll enjoy but otherwise I think most of the students who took it this year have had a good time so that's me Next, Nina Kourie will talk about evidence and negotiation which you're not actually teaching No, but that's fine Hi everyone, some of you I know some of you I don't My name is Nina Kourie I teach the dispute resolution courses here at the Law School undergrad and postgraduate and evidence I have a background in civil litigation practice these days I am teaching here at the Law School and continue my private practice as a mediator so I am going to talk to you very briefly about the evidence course which I teach in the first semester and my colleague Scott Optikin teaches in the second semester and I'm also going to talk to you about the negotiation, mediation and dispute resolution course which I have taught for the last couple of years but next year will be taught by a New Zealander colleague of mine who's recently returned from Singapore Ian McDuff So there is a limit to what I can tell you about that second course because I don't know what changes he will make but I can tell you the broad outline So I propose to tell you in the three minutes I have allocated for each course what the subject is why you might like to do it how the classes run and what the assessment is So let's start with evidence Evidence is governing the admission of evidence into court proceedings So both in criminal proceedings and in civil proceedings that is largely governed now happily by one statute, the Evidence Act 2006 and what we do in the course is take the seven broad fundamental building block topics and learn how the Act works in practice for those topics So you'll see them listed in the handout and the handbook will go through them but if you think that you might ever go anywhere near a courtroom then you should treat this course as compulsory It's pretty much where it's at when it comes to evidence So they tend to be big classes and they're treated by the law school as quasi compulsory courses because they really are foundational subjects, it's a foundational subject in a law degree How I run the course With a course like this it would be really easy to just in a really boring way go through the evidence Act and tell you this is the section this is how it applies and so on So both Scott and I try to move away from that and so yes you need to know those rules you then need to know how to apply them and it's a little bit like riding a bike you can learn all the theory but you don't know how to do it until you actually do it So what we both tend to do is talk about what the law is talk about how it's applied practice with cases and then actually get stuck in and do problems We do those through past exam questions done almost tutorial style in class We also talk about some of the deeper policy questions and with evidence it kind of goes as deep as you want to go really, right down to what the justice system is about and what the rules of evidence say about that and even if you want to go further it's how do we know what we think we know how to get distracted by all sorts of conversations about the stake and the matrix and all those sorts of things, right So the other purpose of the evidence course is really practising your logical reasoning skills and really that's what evidential reasoning is about so our goal in teaching it is to get those cogs in your brain well oiled and well practised because this stuff moves fast in court and you need to know the answer quickly any questions about that The negotiation mediation and dispute resolution course and all common law jurisdictions with which we compare ourselves somewhere between 90 and 98% of civil proceedings filed never dove to trial So the vast majority of your practice if you're going to go into any form of civil litigation family law or employment law is going to be about all that stuff that happens out of court If you're going into transactional work you need to be able to negotiate and if you're not planning on practising law at all chances are you're going to do something else that requires you to think critically and negotiate and that's what this course is all about preparing you to do So we look at theory and practice of negotiation mediation and other forms of dispute resolution and the assessment in past years has been a mix of theory and practice and research components a group presentation component and some reflective work about negotiation skills I don't know what will be the case next year so you need to just keep an eye out for that In terms of evidence I realised I didn't cover that Scott and I do it differently Scott has a three hour final exam and a compulsory opinion I have this year for the first time changed it and I expect to have instead of a three hour final exam there will be a one hour midterm test that covers roughly the material up to that point a two hour final exam which covers the remainder of the material so that you don't have to double up and then a 10% case brief where you have three options spread with different deadlines throughout the semester and that should be self-explanatory about why I think that's a good model OK Yeah Yes Yep absolutely open book It's really I'm not interested in whether you can memorise this stuff I want to know what you can do with it Good question Yeah Karen I'm sorry Obviously overlaps in terms of content but not part of the course at all and both of us try and make it interesting and we expect participation from the class it makes it much more fun for everyone and with arts and controversial stuff it's just how both of us teach but you can ask people about that OK any other questions Great thank you Thank you time the arrival by Paul Sumter so Paul's course is Intellectual Property the details of which in your booklet at page 25 and I'm sorry I'm rushing it because if you don't teach it now it's three o'clock so basically by the mic if you would I'll be recorded being recorded OK Intellectual Property like love is all around us so it's relevant and it's interesting it's highly significant in commercial life but it also touches on other areas like the arts and music the course actually covers then copyright law trademark law including the tortoise passing off protection of confidential information including private secrets and it does cover also patents and registered designs yes, regrettably there is an exam it's 90% 10% elective essay welcome questions as a practising lawyer I try and make it as realistic as possible there are some interesting academic little highways and byways but I try and tie it to what you might encounter as practising lawyers welcome questions super I look forward to possibly seeing you next year cheers so Craig Elliott will talk about international tax the details of which are on page 34 so such a stream of mind organisation Stephen is fantastic thank you Will international tax international tax is one of three tax papers that you can do that makes Auckland University by country mile the best place if you're interested in specialising in tax because there really isn't any other institution up and down the country that has anywhere near that level of focus on this topic it's a great career tax by the way not only is it very remunerative it's also intellectually very demanding and international tax is of course relevant it's been in the headlines like a heck of a lot in the last period of time if you think back on multi nationals avoiding tax and what the government's response has been to that and the OECD if you think about the Panama Papers and the naming of New Zealand and its foreign trust regime that's another area so what we do in the course is it's a 15-point course we've got a three hour exam it's a bit like Paul's one so we focus very much on practical issues just a few years back as a tax partner so we tend to use examples that are based in relevant real-world situations for instance last year's opinion was on a cross-border shipping lease and the implications under the Singapore New Zealand and the there's another country as well so we were looking at those implications and how the double tax treaty works so to whom would this appeal I think anyone who wants to specialise in tax would find this very useful basically you don't get tax practice without international transactions nowadays even small and middle size organisations have transactions that are occurring in Australia just simply the days of turning to an expert and thinking that they had to use a double tax treaty just doesn't exist it's there for everyone but if you're more a generalist and don't actually want to specialise in tax I still think it would be amazingly useful in fact not this year but the preceding year when some students did it without having done the basic tax course they actually passed extremely well and one of the reasons for that is because being an international law topic it involves the interpretation of tax treaties it's effectively the role of soft law the OECD commentary and how you interpret it's actually a course about interpretation so don't be put off there are if you're scared of numbers this is a number friendly course it doesn't you don't need numbers to understand tax and this is much more about the law and the OECD interpretation so please don't be worried if you haven't done tax before you don't need that prior experience you can simply do it independently of that and what value would it have to you then I think it would be a very good example of an international subject that you can use and you can use in commercial negotiations it will also give you a window on the tax world in a different way without necessarily if you don't want to be full on into tax practice I'm not quite sure how much time I've got Stephen but we are just about that so maybe that would be a better way to deal with it so please don't be worried if you're scared about the idea that you need to do the other tax papers you don't, you can do it alternatively if you're mad keen on tax like I would have been at your age you'd do all three that would be my recommendation but Michael will tell you about the other two so any questions at all I'll be feeling bombarded with information but anyway it's I'll look forward to seeing some of you hopefully in the first semester thank you very much alright ladies and gentlemen we'll now resume and we resume with Professor Professor David Williams who talk about two courses, legal history and contemporary previous okay, kila koutou so I'm the said David Williams one of them anyway, there's a few David Williams in the world, I'm not David A R Williams QC but I am David Williams and I'm teaching two courses next year in the second semester and most of the courses you'll study are all legal history courses because by the time you finish your degree and go and put your degree into practice there'll be a new court precedent that will come out there'll be a new active parliament that will come out and what you'll be putting into place is the law in place at the time but it'll be what you learn at university will have an element of history but if you want some real history you want to go back in time and find out what it's like to hang, draw and quarter people on their way to their deaths then this is the course for you which craft is something that captivates people and usually they don't have a very good ending and why was that and what people think they were doing when they were doing witchcraft why did they execute King Charles I what had he done wrong he thought he could rule the country and other people said no you should have us to help you along the way that's a public law oriented course you've got the choice next year I see that Warren Swain is teaching aspects of legal history he's very much a private law man teaching contract law history in particular I'm much more a public law man teaching some of the ways in which we've got the type of constitution law that we've got today but where does it all come from one of the other themes of the course that I teach is legal pluralism a lot of people say you know one law for all all New Zealanders should be under one law well the English common law was not made up of one law it came from the law merchant it came from canon law it came from Roman law it came from folk law of the Anglo-Saxon kingdoms it came from Norman feudal impositions it came from a whole variety of sources and got melded into a great mixture of stuff that we now teach in New Zealand as part of the New Zealand common law and it's quite interesting to just look at some of those things in the background and if you say why do we really want to know about moral panics about witchcraft or in the 17th century or whatever it else it is the person you should really take notice of is not Scott Optigan it's a man called Mark Twain at least that was his writing name Samuel Clemens it was his real name and he said history may not repeat itself but it does rhyme a lot so anything that happened in the world of previous legal history is bound to happen again in one way or another if you're interested in moral panics and witchcraft you might be interested in international terrorism law in the 21st century the second course that I'm speaking for course director is Andrew Edoeti and he and I will be teaching the contemporary treaty issues course this is indeed contemporary this is treaty issues as of now in Aotearoa and Andrew's focus will be primarily on comparative jurisprudence of treaties between indigenous peoples and colonial powers he's done quite a lot of work on all the various international conventions that are relevant to indigenous peoples rights especially of course the United Nations declaration on the rights of indigenous peoples my part of the mixture is primarily the treaty settlement process some of the people who have been teaching this course this year I've been teaching it this year and they've gone along to Kylie who's that old white fella who seems to know a whole lot of stuff about this treaty stuff and I've been involved in treaty stuff since the bastion point occupation at Audarke in 1977 I've got a few convictions to my name of a criminal sort and I've got a few convictions of a legal and scholastic sort and if you come to one of those two classes you'll get some idea of what they might be and you'll make up your own mind as to what you think about so I don't have any criminal convictions but I but I'm still young and I'm still hoping so there's still time my name's Scott Optigan associate professor I also teach evidence but Nina Corey talked to you about evidence so she teaches one semester I teach that and the other but you've already heard about that so nothing to say there but I am the other teacher of evidence criminal procedure it's a three hour a week course two hour a week final exam all courses and materials done by me criminal procedure with a writing assignment that's worth x percentage for the class criminal procedure is the study of two things criminal investigation and then criminal trial process on the criminal investigation side we study police power search and seizure police questioning practices and various other aspects related to policing on the criminal adjudication side trial side we study fair trial rights the right to a jury trial right to adequate time of facilities to prepare defense right to be present right to cross examine witnesses etc so the course is divided up a little bit between criminal investigation which is the main focus and criminal adjudication and covers topics such as search of seizure police questioning the right to silence the right to council land transport act stops and various criminal procedural rights at trial such as I said the right to examine witnesses fair trial rights media bias jury selection and things like that it's a good course definitely I would say kind of a must take course for anybody who wants to get into the criminal law business either as a prosecutor defense lawyer or maybe somebody who wants to deal with criminal law and policy on myself and form a prosecutor and study criminology and various criminal justice issues that's all I got interested in it if you're not actually interested in getting into the business either as a prosecutor defense lawyer or someone connected with criminal justice but you're just interested in a course on basic concepts of police powers criminal trial process and criminal investigation the rules that govern that it will be an interesting course for you so it's for one of both of those kinds of people somebody who's going to be actually in the business and wants to learn the law police powers criminal investigation criminal adjudication and then somebody just wants to take one course in that area out of interest and that's basically it so any more questions you know where to find me I thought I said that already it's a two hour final exam plus a written assignment worth I think 20% 1500 word written assignment all course materials done by me relevant statutes of the Surgeon Surveillance Act and of course sections 21 to 25 of the New Zealand Bill of Rights any questions all right thank you so doctor I'm here to give next um commercial law that's page 22 in your booklet okay all right everyone so I'm here to and I teach the commercial law course so the other day I bought a pair of set of chairs a freedom you might think okay nice good for you um but so here's a question when did I become the owner when I signed a contract when I pushed okay and signed on the um on the visa card or when they label the boxes with my name or when they actually delivered these chairs to my house when did I become the owner so that's a question that we'll discuss in the commercial law course we'll look at the sell of goods act we'll look at when property actually transfers now what if in a few weeks from now hopefully not but what if there's a problem with these chairs and there's nothing in the contract doesn't mean I have no rights at all um can I make a complaint and say hey these were really rubbish chairs that you sold me do I have any rights under the relevant legislation so that's another thing that we'll look at under the sell of goods act consumer guarantees act which has significantly changed the sell of goods act compared at least for consumer goods and then we'll look at effect trading act which stops traders from being naughty and saying things that are untrue or creating the impression that things are better than they really are so that's what we do in the first half of the class after that we look at the personal property securities act which might sound very strange but is basically the act that governs all security interests that are given in personal property so maybe the shop where I bought these chairs had given a security interest to the bank that said well you know if we don't pay you can come and get all our inventory well if they sell it to me is that still subject to that security interest so those are all sort of questions that we're dealing with in the second part of the class so a very large range of topics also related to commercial transactions assessment I haven't quite made up my mind I'm sort of seeing how this year works out this year has been a bit of an experiment so what I've done this time was a thousand word assignment for 10% 10% multiple choice a few weeks ago and I see a few of my students who are probably a little bit traumatised by that so we'll see if I do that again and 80% three hour exam so any questions great then can you over to Tresa so Laura Pesana summer school course details on page 61 thank you and when I was at law school commercial law was by far the most useful subject that I studied which is why I'm now a summer lawyer but no seriously it's actually incredibly useful just in terms of life because as a law student one of the things that everybody keeps saying is I bought my stereo and actually if you do commercial law you'll know what the answer is so I'm here to talk about law of disarmament which is one of the summer school offerings this summer so the classes are going to be four hours a week on a Wednesday and Friday so it's going to be sort of pretty intense across those weeks but actually that I'm hoping will give sort of quite a nice kind of feeling in the class in terms of we'll be meeting so regularly it's the first time I've offered the course and I've been waiting for years to teach it hit thing so I am pretty excited although the assessment hasn't been approved I am hoping to have some form of a written so not a sort of traditional closed book exam at the end but some kind of a written piece of work whether we call that a take home exam or whether we call that a research essay I'm not entirely sure it'll need to fit in one of the things we're being really conscious of in the summer school is that the assessments are properly staggered so if you're doing more than one course that it doesn't end up being hideous so with those practicalities out of the way you can see in the handbook what I've said about my course description and the content outline I think it might be useful if I maybe said to you a few words about what I see as the kind of themes across the course so a really important theme is the role of law in disarmament because in fact it's relatively unusual there's only one or two places around the world that teach a course in disarmament law you will find lots of it in security studies or international relations so what do lawyers have to say about disarmament and one of the obvious things of course is that when disarmament agreements are reached they are treaties and so that that is an instrument of international law so in that sense lawyers need to be involved but in fact we will see that there's a lot of really interesting legal questions in terms of how disarmament works and in what context it works and so on. A second overarching theme is the changing understandings of security so international lawyers have tended to look at security in a very monochrome kind of way when we think about Syria or we think about Iraq or we think about Afghanistan but in fact security is very multifaceted and when we start looking at the transfer of weapons or the need to eliminate or reduce control or track weapons that our sensibilities of securities might change we are coming to a point where we find some categories of weapons, horrible and offensive perhaps immoral and we will be looking at why do we think and what does it say about us to say for example that chemical weapons are unacceptable but nuclear weapons are acceptable, why is that and what role does law play in those perceptions and then that will lead us to a third theme of the course which is how norms develop so again generally speaking with lawyers the traditional way is we are interested until we have a treaty or we see it as customer international law we don't really take any notice of what comes before that and what comes afterwards that's the bit that we tend to obsess about I would even say and in this course we are looking at something much more broadly than simply treaty making or customer international law so those are sort of cross themes you will see that there isn't a prerequisite for you to have done international law but if you have done international law this is the kind of course that you are likely to be interested in but I will not be assuming that everybody has and if people need a little bit of a pick me up I will be providing some guided readings at the very start or if you wanted to get into those before the course happened you would be more than welcome to email me or come and see me to talk about that so I am really looking forward to spending my summer in the classroom and I hope that you guys are too thank you so law of disarmament is a summer school course aspects of iwi governance also a summer school 10 point course page 34 in your booklets kia aromai tātou ahoi ano ko teopare duza hau no Ngāti Porou, Ngāti Rangitihi, Ngāti Whakaue a heroia ki Chapman Trip ke te taha o toku hoa mahi Greya Fredrickson Greya and I are senior associates at Chapman Trip and we are going to be part of the team, teach team for the Chapman Trip presented aspects of iwi governance we build to 6 minute units and so we are going to stick to our 3 minutes here but encourage you all to read the course outline and then get in touch with either of us, you can look us up online if you do have questions about the course so similar to Trassa's course we are over 4 weeks and twice a week Tuesdays and Thursdays so similarly quite an intense course but again we hope that having that contact time and doing it over summer means that we'll be able to build up quite a bit of rapport with you who choose to attend with us as a broad overview this is the kind of work that we do day to day so it does give you a bit of a practical insight into what lawyers do do, we are in the commercial team so it has a lot of commercial aspects to it which Greya will elaborate on and it will just give you a bit more of an oversight and insight into what people mean when they talk about that iwi economy so you might have heard about treaty settlements and that's what David would talk about in contemporary treaty issues but what we're talking about is where the rubber hits the road and people actually have to start making decisions about how they manage those treaty assets so it's an important part of the fabric of Aotearoa and everybody who does it has great things to say so no life I agree as Te Apo said it's a team taught course taught by senior practitioners from Chapman Trip we're teaching you about the work that we do every day there's a bit of variety in your week so yes we'll see you twice a week and for three hours at a time but on a Tuesday you will hear about the corporate aspects of what we're looking at and on a Thursday you'll hear about tax but don't get frightened by the concept of tax it's tax taught in a very practical way what we do across the course is we look at all aspects through legal governance charities law and also tax of some of the main structures that iwi, hapu and post settlement governance entities and iwi businesses use to actually manage their assets and participate in that iwi economy that Te Apo was talking about so we will look at companies limited partnerships trusts, joint ventures all manner of legal entities generally focused through case studies examples like Waikato Tainui and how they operate their structure Ngati Fatao Orake so something a little bit closer to home and through those case studies we can bring you along on the journey of how some of these entities actually get used in practice the only prerequisites are just the part 2 papers so you don't have to have done company law for example or equity to take this paper and the same is Trusser, we're happy to give you some guidance on things you might want to read first if you're really keen but no prerequisite for that either does anyone have any questions or you Stephen okay so keeping the best to last varied the schedule a little so we can get back on track so I'll defer privacy law to address this about refugee law best to last refugee law is page 59 hi everyone I'm Anna and next year for the first time offering an entire semester course on refugee law in the past it's always been immigration and refugee law immigration law is a bit great but so I don't need to split the two much in both of them that we need to have entire courses on both so I'm sure you're very aware that at the moment we're in the midst of a huge refugee crisis around the world we currently have around 60 million displaced people it's one of the highest numbers in history and it's causing huge problems for a large number of communities and what we do in this course is at a range of different aspects of the crisis and of refugee issues so we'll start out by looking at what happens in New Zealand when people apply for refugee status and what our laws are about who a refugee is interestingly although there are 60 million people displaced from their homes a very small number of them actually qualify as refugees refugee law has a whole lot of different elements to it so we'll work through that and this out we're then going to look more broadly at the system and look at some of the different mechanisms that have been played around the world at the moment for how we deal with refugees so what's happening in Europe at the moment in terms of the refugees coming out to Syria and the processes put in place to try and deter some of them and turn them back and split them between different histories we'll look at the policies and the legality of what's happening there we'll also do things that look a bit closer to home and detention regimes that have been set up in Australia and the Pacific for refugees and have a detailed look about those sorts of issues so the course offers both some hard rock-style law and what's going on and to understand how to be a refugee lawyer but it also offers a chance to look at some of the policies and to critique some of the things going on because I think this is an area where we desperately need people to be thinking really critically about the system we have and about where we're going and what's happening because frankly the system at the moment has broken in many, many ways that sort of substance into its own first semester it's going to be twice a week so it'll be an hour and a half each class the assessment will be 30% internal and 70% exam 30% I haven't totally worked out yet but I've been hearing good things about lecturers in a semester who have sort of given different hand in times and done a range of different forms of assessments so I'm interested to think about those sort of things and interested if you have particular thoughts you're welcome to give a touch as a next month or two and have influence into that Finally, I guess the other thing that I try and do in this course and I did last year with the integration of refugee law is to bring in some people who are practising in the field both in New Zealand and internationally with some amazing practitioners and so we do try to then into the classroom so that you have a really good understanding of what's happening out in practice and also last year we had a lot of people being set up into different internships and even if you get into a different job position so definitely interested in ensuring that you are seeing what's happening in the real world as well as the academic side Questions? I hope to see you next year I hope to see you in person Thanks guys Thank you Anna So that was the time of your arrival Joe Professor Joe Manning Health Care Law Page 44 in your booklet Well you're having a long afternoon aren't you? Well Health Care Law offered in the first semester next year it's co-taught between me and Ron Patterson who teaches about 10 lectures and he gives a series of lectures on the code of patient's rights and the health and disability commissioner regime having been a former health and disability commissioner it is scarce for anyone except another health and disability commissioner to deliver those lectures We do a number of topics from year to year but here's an indication of some of which are taught We often start with a study of the cartwright inquiry into the unfortunate experiment at National Women's Hospital which occurred in the late 80s in New Zealand and was a watershed event We look there's an introduction to the medical ethics and we look at how those ethics and the conflict between different ethical theories are played out in actual legal cases We look at forms of accountability from the health and disability commissioners jurisdiction to disciplinary processes and another avenue which is about civil action and human rights review tribunal There's a short section on ACC treatment injury a key topic in this area is consent to medical treatment and what constitutes a valid legal consent to medical treatment and that involves a study of competence voluntariness and it is meant by a truly informed consent to medical treatment We look at in what circumstances a health professional can give treatment to somebody who's not competent to consent so an incompetent adult or a child who's not competent to consent rationing is an ever-present topic or is an ever-present reality in the delivery of health services so there's often a section on rationing and legal challenges to rationing decisions denying people treatment The last topic tends to involve the withdrawal of last sustaining treatment or euthanasia so this years class we looked at Canada in Carter against the Attorney General and compared it to the decision the recent decision in Seales in New Zealand and contrasted the reasons for decisions Open Book exam two hours the compulsory on course assessment element this year was a test, a 30 minute test a few weeks into the course we may well do that again this year medical problems should I talk about that? not be honest well it is the best elective course offered in the faculty and all my colleagues agree except for one so I hope to see some of you there and make sure it defines best thank you so Janet please Professor Janet McLean you're going to talk about admin I'm not sure about still oh sorry thanks very much Stephen I'm teaching comparative constitutional law next year this year called advanced public law doesn't that sound dull it's not dull so it will be a 10 point course next year and we talk about what do we expect out of a constitution do constitutions help us reach agreement or do they create more disagreement how do you get agreement when there are really severely divided societies we look at a range of different kinds of constitution we look at forms of rights protection and we look at the comparative merits of different forms of rights protection so we look at the Canadian way of protecting rights we look at the European ways of protecting rights should be in rights protections this year we've got just next week Sir Jeffrey Palmer coming to talk about his proposed constitution and all my students will be armed to ask him the really difficult questions about what's in it what should be in it, how we get it if we should get it and so on so I haven't quite worked out what I'm going to do in terms of I examine that next year this year there was an opinion where you took a case that had been decided and you changed the rights protection model and then wrote the judgement as if you were a judge in a different constitutional framework which people seem to have really enjoyed and sometimes, lo and behold the result was no different as well as sometimes the results were radically different so that's a comparative constitutional law it's theoretical it's the sort of thing people like artsy sort of subjects like yes there's some case law but that's very much secondary to the theory and helps inform the theory but isn't the basis of the course second thing I'm teaching next year is administrative law and I'm co-teaching that with Dr Jane Moulton and it's the first time we'll be teaching that together it's usually Hannah Wilberg who teaches that course and so we'll bring our own obsessions and enthusiasm to that course we want to look at what makes a good decision how do bureaucratic decision makers work how do corporate decision makers work and how can judicial review aid people to make better decisions or in fact might judicial review make decision making worse that could be a counterfactual we want to look at the developing cutting edge bits of judicial review we want to look at where legitimate expectations are going where a mistake of fact is going how rights frameworks are impacting on judicial review and how much difference courts will give to decision makers especially in the terrorism space and in the allocation of resources space we want to look at the extension of judicial review of public law norms into the private sphere into contracting and into commercial decision making of different kinds but that's what that course is about it's a 20 point course and it'll be in the first semester that's quite a big commitment of time but we are doing a double act and we are planning to teach that together all the way through and we plan to teach plan to teach both of these courses in a seminar format where there's a lot of participation where you can follow your interests as much as possible and bring your interests to the table so that's a great both classes will are relatively small so you get a real chance for extension the third of course I want to talk about policy for Professor Jane Kelsey she's at her mother's bedside at the moment so she couldn't be here she otherwise would there's a hand up that we've left at the front and some of you will have seen Jane on radio, television she's a global commentator on neoliberalism on the TPP on the sorts of policy changes that have swept the globe she's really articulate and engaged and at the cutting edge and this is a course about doing policy and how policy is done how policy relates to law and the case studies that they've looked at in the past or this year have been terrorism laws and privatisation of SOEs at the Auckland Super City at Smokes Free Aotearoa 2025 and in an election year next year they'll be looking at a lot of potential election issues particularly housing policy I know that it's not very common for law students to admit they want a political career while they're at law school but if you do want a political career this is the course for you on who really knows how policies made behind the scenes how the policy making process works how the better regulation less regulation framework works and how regulatory impact statements work I promise that that will be a very critical and engaging course and this year the evaluation featured a case study a 5,000 word research paper based on that case study or a closed book to our exam the last two alternatives but you all have to participate in a group case study that's all three making time thinking about next year but lots of public law offerings so the history of law obligations which is shown on the schedule as ethics of legal history is taught by Professor Warren Swain it's a summer school course and it's in your booklets at page 50 you will note that there are two legal history courses one can't have too much legal history but perhaps they ought not to be confused for information the course that I am offering in this summer will be taught from the 11th of January into February of Thursday the 16th of February just after Valentine's Day and will be taught between 5 and 7 in the evening on those days so there will be four hours a week so talk kind of semi-intensively I suppose subject matter of this course is the history of the law of obligations by which I mean the history of contract taught and just enrichment we will cover the period from the middle of ages until the 19th century this course is fundamentally about the history of legal doctrine as represented in primary sources namely law books case reports yearbook reports as well as the secondary literature it's important for those taking this course not to be frightened of two things a large amount of reading and being able to engage with the primary sources those primary sources are you'll be pleased to know available in English so I don't expect you to know all French or Latin and those primary sources are easily available online through a series of databases so that stuff is now quite accessible this course will be taught in seminars and it's the expectation that the seminar will be run by me talking for some of it and you to engage with the materials on prior reading afterwards as far as the assessment is concerned this is a 10 point course the assessment is by virtue of a 5000 word essay which is based on titles that I give you or I'm happy that you choose a topic providing it falls within the purview of the course in order to give maximum flexibility as far as the assessment is concerned I will it's my practice with that in order to assist you to write a good assessment to ask you to provide an optional outline of your assessment which isn't part of the grading process but to give you a sense of direction and feedback before you write the actual assessment does anyone have any question no, thanks very much thank you Warren so we heard earlier from Craig Alec about international tax Michael Lillwood teaches the tax law course which is offered in both semesters and advanced tax in the second semester and those entries are on pages 24 and 27 study tax or not study tax is a difficult question what it comes down to is whether or not you wish to join the financial and intellectual a leap of the legal profession if you do then obviously that means being a tax specialist that requires you to do the basic tax course and possibly also the advanced tax course and possibly also Craig Alec's course as well no but I'll come and stand a bit closer and I'll speak a bit louder of course you may choose not to be a tax specialist but you may choose some other area of legal practice such as being a commercial lawyer of some kind or perhaps a property lawyer of some kind if you want to do either of those equally obviously you will need to know something about tax because your clients will be buying and selling real estate or buying and selling companies that has tax consequences to it you might think you're going to scape tax which you can by for example doing family law or criminal law but even if you want to be a criminal lawyer bear in mind there's only three kinds of criminals that have got any money and there's drug dealers drug drivers and taxi vaders so take your pick on that the way the job market works is students get the best grade most of them get jobs with the big law firms which are the ones that practice tax grades aren't quite so good again the options include the Inland Revenue Department The Inland Revenue Department is a large organisation a major employer employed lots of lawyers the way it works is after a couple of years whoever got their job at Rossamac Bay tends to leave because then they go off to London or New York or Hong Kong or somewhere that creates a vacancy everybody moves up one eventually what happens you work for the Inland Revenue and you learn all their secrets after you've been doing that for a couple of years and Rossamac Bay are prepared to pay you quite a lot of money for you to come and work for them and share the secrets downside is after you spend a couple of years working in the revenue department you might have got used to going home at five o'clock and even more importantly you might be developed a taste for wearing a cardigan to work obviously that disqualifies you from working at Rossamac Bay the basic tax basic tax course covers that the whole structure of the tax system is looking in bit more detail at particular aspects of it start off with tax policy looking at questions such as for example which is better income tax or GST those being the two main taxes in our system I know probably you've got some immediate off the top of your head theory about which is better, income tax or GST my aim however is that you should be able to address that question on some theoretically sound basis rather than just shooting your mouth off about it so we do some introductory policy work then looking at the whole of the tax system meaning the whole of income tax the whole of GST obviously not in great depth but selected topics in great depth such as for example the very troublesome distinction between tax avoidance which is basically those things you're allowed to do so as to not pay as much tax and tax evasion but then you cross the line and go to Jayden what else apart from the professional pecuniary benefits of studying tax advantages include that you can't really understand the legal system at all or the political system at all or the economy at all unless you understand how the tax system works so tax is both very specialised subsets social law and fundamentally important to the way that the constitution legal system and the political system operate for example Magna Carta which you might have heard of probably in constitutional law what the constitution is about from before Magna Carta up until now including is what is the state's power of taxation US Government got plans in the event of nuclear holocaust they've got plans that will ensure the survival of the tax department the rest of the government as long as the tax department are operating that they stay in business what else do I need have you got any questions enough thank you I'll see some of you next semester and others of you next semester after that so the second last course is competition the details for that are on page 29 and Chris Noone hi and Chris says Steven says and competition was my subject what's competition competition law is really about the law that's designed to protect competition in markets and we look at a number of different things most of it's based on the common set so we're looking at agreements strict competitions, price fixing cartels of other sorts also agreements between suppliers and their customers and how that can actually affect competition markets use of a dominant position and sort of mergers that will restrict competition the subject is probably a little different from some of the other subjects you look at because we sort of very much integrate an economics side and you don't have to have done economics at all to actually do competition law but we sort of very much think about sort of what the economic rationale the idea is behind competition and particular decisions that are made as well so it gives you a different perspective of law compared to what you've looked at in other subjects as well and sort of that sort of approach to the law and thinking about markets and the integration of law and economics also is relevant for other subjects as well, other areas of regulation or all the business that you can make and you can find yourself in the law because there are a few like this one not a lot, but any questions? Thank you Thank you So I said we'd keep the best to last and the best is of course privacy law so just very briefly on that elective details of which are in page 59 in your course book privacy law is offered only every second or third year, not every year so it was last offered as an undergraduate elective in 2014 and it will be offered in the first semester next year and it will almost certainly not be offered in 2018 so if you're in part 3 next year and you think you might defer it to the year after chances are it won't be there so grab it while it's going, if you're interested Privacy law in New Zealand is underdeveloped and one of the reasons that it's underdeveloped is because there is no clear idea of what the law is trying to protect so in the first part of this 10-point course which has only 24 hours of class 2 hours a week, Tuesday and Thursday mornings we look at the concept of privacy the interest with which privacy competes and some sources of privacy law so that's the first three classes up until the mid-semester break the rest of the course is concerned with the common rules response so we have in New Zealand two different privacy torts, we ask ourselves do we actually need them both do they need any refinement do we need any more privacy torts the Americans have four, are the third and fourth of the American ones of interest to us as they're still in need within our common law and some privacy protection and to get a handle on that we also look to the UK, Canada and Australia those cognate jurisdictions to see how they go about protecting privacy law through the courts so the first half of the course is common law focus, the second half looks at statutory protection of privacy and we have an array of statutory provisions in New Zealand the Privacy Act obviously which is in for a major overhaul and various provisions scattered around different statutes but they don't provide comprehensive coverage and so we think about whether any more statutory protection is needed or can the common law take up the slab and then in the last few classes we begin to apply our understanding of privacy law in various areas various contexts, various industries and so on the way the course is assessed given that it's only a ten point course it has at the end either a two hour exam weighted as 80% or a research paper in law of that exam on any privacy topic and that would be 4000 words so that would satisfy that it's a state writing requirement so either a research paper or an exam at the end 80% the other 20% comes from a 1000 word written assignment during the semester and I say during the semester because I'll set three or four different topics scattered throughout the semester 21 according to what is convenient for you to fit around your other commitments so usually because this is a developing area and there's a lot of interest there is scope as I said for students to write research papers on topics of interest usually about 30-40% of the class choose to do so otherwise the exam itself the alternative would have a fair measure of choice within it including an opportunity to talk about any particular aspect of privacy that you might be interested in to go to the world OK, any questions? Just in terms of all those different points at what point in the course do you make that decision? Normally if you are going to present a research paper in law of exam at the end you need to have decided on your topic and had it approved by the end of the fourth week so you've got the first third of the semester to say well I don't want to set the exam I'd rather avoid the exam and just focus on my particular interest and what the possibilities are but if you're stuck for an idea and you still want to do a research paper undoubtedly the teacher will be able to suggest a variety of topics to you as I would be happy to do in respect to privacy OK, well any questions or criticisms or comments about anything that we've covered this afternoon any generic stuff that may still be unclear? No they don't so while if you look at the way in which the prospectus or the handbook set out the degree structure it suggests that you must do land, equity, juris law 399 and ethics in part 3 there is no necessity to do that there's a very good reason to do land and equity in part 3 well two good reasons, one is that they are year long and if you were to defer either of them that would preclude the possibility of going on exchange in part 4 and about 25% of our students do go on exchange in part 4 but land and equity at least should be done in part 3 as for juris law 399 and ethics you need to do them before you finish your degree but they don't have to be in your part 3 year they can be deferred and those three courses are all offered in both the first and second semester each year so you could put off ethics if you wanted until your final semester and the same applies to juris and to law 399 as well there's not a limit on the number of papers you can do in a semester there's a limit on the number of points and that limit and that is some maximum 80 points in the first semester 80 points in the second semester 30 points in summer school so that's 80 plus 80 plus 30 but there's an annual limit of 117 if you're really keen to do more than 80 points in a semester then the faculty or the associate dean has the discretion to override the points limits in gradual organisation if you want to do more than 170 points in the year as a whole then you have to make a special application to get a deputy vice chancellor academic and it's hard to get approval for that so it's not the number of courses it's the points bearing in mind that the courses have different wages anything else do you know when the assessment structure for the courses will be confirmed it's pretty much settled for most courses so there are just a few details so it's unfortunate that it says all the way through here to be confirmed the questions are only around where there was a proposal to have a test in an elective course it's very difficult to schedule a whole lot of tests given that we've got to do it also for all the compulsory courses in Part 2 and for land inequity in Part 3 and for law and society and for legal method so where there has been a test in an elective course this year that may be replaced by a written assignment there's one other refinement for next year this was the first year where we had compulsory course work in all of our electives and there were some teasing problems and in particular there were some bottlenecks where several assignments would be due around the same time and we're looking at spreading them out more over the semester we're looking at doing more widely what I'm proposing with privacy and to give a variety of assignments and say you've got to do one but you choose which one and the timing is up to you as far as tests are concerned there may be tests but that's unlikely most of the details will be settled within the next week or two and hopefully by the time therefore we'll be available nothing else OK, well then just it remains for me to thank you for your attendance and your attention throughout the two hours good luck with your selection of course as we need to do