ENVPL406-22A (HAM)

Planning Law

15 Points

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Division of Arts Law Psychology & Social Sciences
School of Social Sciences
Environmental Planning

Staff

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Convenor(s)

Lecturer(s)

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: melanie.chivers@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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Paper Description

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The purpose of this paper is to provide students with sufficient background and skills in environmental and resource management law, to enable them to be effective participants in resource management processes.
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Paper Structure

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The paper is delivered over A trimester through weekly lecture sessions (Tuesday 2-5pm) with associated assessment components occurring throughout. The format for the sessions will normally consist of one hour of lecture on a topic for the week, with the following hour comprising student presentations and discussion of case law examples. Some sessions may need to extend to the full 3 hour slot where there are several presentations. Attendance in class, either face to face or virtually, is expected (and will have marks allocated to attendance). Generally only the lecture content will be recorded on Panopto, due to the presentations and informal discussion. If students choose, they can have their presentation recorded to enable self-critique. The course will be supported on Moodle and by an electronic reading list.
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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • Learning outcomes
    • access and utilise legal information sources that will enable them to effectively identify and research law and legal decisions relevant to planning
    • understand how law applies to planning practice
    • demonstrate skills in legal interpretation with particular reference to RMA planning documents
    • understand the role of the professional planner in statutory processes in preparation for undertaking that role
    • demonstrate experience and skill in summarisation
    • show development of skills in critical analysis of legal material
    • make an effective oral presentation
    Linked to the following assessments:
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Assessment

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Assessment is designed to assist in achieving the specified learning objectives and meeting the intent of the graduate profile. Class discussion and lecture sessions will also contribute to these ends. The course-work to exam ratio is 1: 0.

Assessment 1: Presentation Each student will be assigned a legal decision and will be required to make an oral presentation to the class worth 25% of the final grade. Depending upon the number of students in the class the presentations will either be on an individual or group basis. Grading criteria for the presentation will be marked using the Presentation Appraisal Sheet available on the Moodle site for this paper. Students will be appraised on both the substance of the report back and presentation skills. The matters listed in the appraisal sheet give an indication of the presentation skills assessed. In terms of substance, the following matters will also be critiqued:

  • Understanding and explanation of the facts
  • Understanding and explanation of the central legal issues raised in the decision
  • The logical structure and organisation of the key facts and issues
  • The quality of the written presentation
  • The clarity of the written presentation
  • Appropriate citing of sources
  • Accuracy of spelling and grammar

The presentation will be delivered during class time and the Powerpoint (or like file) will be uploaded to Moodle Turnitin in advance of the presentation.

Assessment 2: Decision summaries The decision summaries consist of simple summaries of the judicial decisions provided in the course readings, over a 10 week period (weeks 2-11 inclusive). The objective of this assessment is to ensure that students have read the decisions prior to coming to class. Some of the detail may be too difficult to understand, particularly in the early stages of the class. The point of the summaries is to get you used to reading the decisions, extracting the main points and becoming familiar with the language and the method. Summarisation is recognised as an important skill for a professional planner. The requirements for the assessment are as follows:

  • Summaries to be completed each week in advance of the decisions being discussed in class- starting week 2
  • Summarise the main facts of the decision
  • Summarise key legal issues
  • 15 lines (max) per decision font size 10
  • 5 additional lines of personal comment
  • One question for each decision in preparation for discussion
  • Indicate one of the two decision summaries handed in each week to be marked (both handed in)
  • Hand-in at the beginning of each class
  • Time period week 2-11 (10 weeks of summary)
  • 20% of course mark – 2% for 10 weeks
  • Summaries will not be marked if you are not present in class, (either face to face or virtually) without a valid reason provided to Pip in advance of the class.
  • On the week of your presentation, presenters hand in one summary only of the legal decision which is not being presented by you (on presentation week only submit a summary of the decision you have not prepared for presentation)
  • Extensions rare (but granted in advance if requested on reasonable grounds), as point of summary is to prepare for class. Late summaries will not be marked without valid extension.

Marking criteria considers:

  • Level of understanding of decision
  • Succinct encapsulation of main facts and issue
  • Written expression and grammar
  • A top mark is awarded for those who identify the main legal issues and show an understanding of why the decision is important.
  • Marks will be deducted for exceeding the line limit

Assessment 3: Decision review and commentary You will write one review for this paper. It is worth 30% of your final grade. The word limit is 1000 words. Material in excess of the 1000 word limit will not be marked. This assessment task requires you to locate any New Zealand court decision on a matter pertinent to planning/resource management and to provide a review of the decision. 500 words should be dedicated to introducing and summarising the main facts, legal issues and the decision of the court. The balance 500 words should be applied to critically analysing the decision and providing your own original commentary upon the matters decided. Your commentary is not restricted to matters at law but may also concern the social, cultural, economic or environmental context or implications. You may choose any form of media to communicate 1000 written words, provided that the piece of work is readily markable and the written words are clear. Prior to commencing the work if you have concerns as to whether the media you have chosen is "readily markable", please contact Pip to have your media choice approved. You may choose if you wish to create your own fictional persona, and audience, for example a council manager explaining a decision to councillors, a presentation at a hui or to kaumatua, or a local surfer explaining a decision to a community interest group. A song, a poem or a straightforward essay or report. It is your choice. Your review will be assessed according to how well it:

  • addresses the assessment task;
  • has a clear and accessible structure;
  • shows an understanding of the matters at issue and their context;
  • involves sound reasoning, and clearly relates to matters at issue in the decision;
  • uses concepts and terms correctly;
  • shows original thinking and creativity
  • uses correct spelling, grammar, & punctuation

The review will be handed in via submission through Moodle unless alternative means are required due to the nature of the media.

Assessment 4: Test

The remainder of the formal assessment will consist of a review test in the final week of the course. The test is worth 25% of the course grade

Specific reference detail for this paper.

As discussed below - for general referencing please use the Chicago Author - Date Referencing Style.

For all legal references - case law/legal decisions, statutes, regulations, planning reports etc. please use the common examples page: https://www.waikato.ac.nz/library/guidance/referencing/chicago-geography-eplanning/examples

If in doubt over a legal reference please refer to your Powerpoint notes lecture no. 1 and/or the NZ Law Style Guide https://www.waikato.ac.nz/__data/assets/pdf_file/0003/80886/New-Zealand-Law-Style-3rd-edition-Quick-Guide.pdf

Te Piringa app - the NZ Law Style Guide is also available as an app:

The app can be downloaded from the following links:iOS App Store (for iPhones) - https://apps.apple.com/us/app/nz-law-style-guide/id1587315672#?platform=iphonePlaystore - https://play.google.com/store/apps/details?id=nz.ac.waikato.isdb.law.styleguide
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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Decision presentation
25
  • Online: Submit through Moodle
  • Presentation: In Class
2. Decision summaries
20
  • Online: Submit through Moodle
3. Decision review
10 May 2022
12:00 PM
30
  • Online: Submit through Moodle
4. Review test
7 Jun 2022
2:00 PM
25
  • In Class: In Lecture
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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The reading list will be available electronically through the electronic Waikato Reading Lists (https://waikato.rl.talis.com/lists). Most, but not all, reading material is available electronically. It is recommended that the decisions to be summarised and presented each week are brought to class in electronic form or printed out by students each week to use in class as sections of the decisions are often examined carefully in class. Students have the choice as to which would best suit their needs.

Students should also obtain a copy of the Resource Management Act 1991. A pdf version is available on Moodle. A hard copy is not recommended as the RMA is subject to ongoing change
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Recommended Readings

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See reading list
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Online Support

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This paper is supported through Moodle http://elearn.waikato.ac.nz/. Important information about the paper will be provided to you via Moodle. Lecture notes will be posted prior to each class. They will be thorough, but not a complete substitute for attendance in class. The lecture portion of the class will be available via Panopto, but not the presentations and discussion.
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Workload

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This paper is held in the A Trimester. It has two to three contact hours weekly. Attendance at class attracts a grade (via decision summaries) as work will be covered that is not available outside of the session. If for some unforeseen reason you are unable to attend class please email Pip in advance with your explanation. For a 15 point paper it is expected that a student complete 150 learning hours. This includes attending classes, completing assessed work, reading and thinking. In the fourth year student self-directed learning is an important component of the year’s work, and it is very important to set aside sufficient time to complete all assessment in advance of class and assessment hand-in. Some students may also need to spend considerable additional time to make sure core concepts are in place.
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Linkages to Other Papers

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Prerequisite(s)

Prerequisite papers: ENVPL201 or ENVP206 or with the Programme Convenor's approval.

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: ENVPL403, ENVPL503, ENVPL506, ENVP403, ENVP503.

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