Legal Systems and Societies
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An introduction to the sources and institutions of law in Aotearoa/New Zealand, with particular reference to statute, custom as illustrated by Maori customary law and the common law, and the distinctive position of the Treaty of Waitangi. The paper will survey the institutions of law and their roles in the making and enforcement of law in their social and historical contexts.
This is a whole year paper. There are two teaching components in this paper: lectures and tutorials.
This is a FLEXI paper; lectures will be live-streamed and recorded.
There will be 10 tutorials over the course of the paper, 6 in A Trimester and 4 in B Trimester. These tutorials allow students to discuss important issues arising from the lectures in a small group environment. You are required to attend all tutorials.
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Tutorials allow students to learn effectively in small groups. Attendance is therefore required for satisfactory completion of the paper. An understanding of topics and materials discussed in tutorials is essential for success in both internal assessment and examinations.
A record will be kept of student attendance at tutorials. Students who do not attend at least two of the first 3 tutorials will receive a letter from the faculty. The letter will restate the importance of tutorials. The letter will also say that tutorial attendance will be a factor taken into consideration in the event that the student is required to apply for re-entry.
Students who successfully complete the paper should be able to:
The learning objectives of this paper are for the student to have a successful introduction to the evolution and development of the legal system, including its historical pathway, a number of contemporary issues, and the basic frameworks for the structure of government, legal reasoning and judicial process.Linked to the following assessments:
Students will be expected to demonstrate knowledge and understanding of:
Linked to the following assessments:
- the broad context within which the law has evolved and operates, with a focus around contemporary issues.
- Maori customary law, and the role of the Treaty of Waitangi in New Zealand law.
- the main sources of law (common, judicial, and international), as well as institutions, functions, processes and personnel in the New Zealand legal system, including the structure of government, civil and criminal proceedings, the courts, the legal profession and the legislative process.
The internal assessment/exam ratio (as stated in the University Calendar) is 40:60. There is no final exam. The final exam makes up 60% of the overall mark.
The internal assessment/exam ratio (as stated in the University Calendar) is 40:60 or 0:0, whichever is more favourable for the student. The final exam makes up either 60% or 0% of the overall mark.
Error: Assessment components must add up to 100%
At least one Assessment Component needs to be entered
|Component Description||Due Date||Time||Percentage of overall mark||Submission Method||Compulsory|
|1. Test 1 (online)||
8 Apr 2021
|2. Test 2 (online)||
20 May 2021
|3. Test 3 (online)||
29 Jul 2021
|4. Test 4 (online)||
7 Oct 2021
Required and Recommended Readings*
All law students are required to purchase, for use in all law papers, a copy of the New Zealand Law Style Guide, 3rd edition, Thomson Reuters (2018). This is written by Alice Coppard, Geoff McLay, Christopher Murray and Jonathan Orpin-Dowell. Copies of this should be available from the book shop, beneath the library.
J Ruru, P Scott & D Webb The New Zealand Legal System (6th ed, LexisNexis, Wellington, 2016).
Grant Morris, Law Alive: The New Zealand Legal System in Context (4th ed, Thomson Reuters, Wellington, 2019).
ATH Smith (ed), Glanville Williams: Learning the Law (16th ed, Sweet & Maxwell, London, 2016)
P Spiller & GW Hinde (eds) New Zealand Law Dictionary (9th ed, LexisNexis, Wellington, 2019)
HP Glenn Legal Traditions of the World (5th ed, Oxford University Press, Oxford, 2014)
S Bottomley & S Bronitt Law in Context (4th ed, Federation Press, Annandale, 2012)
W Mansell, B Meteyard & A Thomson A Critical Introduction to Law (3rd ed, Cavendish Publishing, London, 2004)
M Jackson The Maori and the Criminal Justice System: He Whaipaanga Hou - A New Perspective.
The Law Commission Access to Justice Reports: Striking the Balance, Seeking Solutions, Delivering Justice for All, Wellington: New Zealand Law Commission, 2004), available at www.lawcom.govt.nz and www.nzlii.org
SM Mead Tikanga Maori: Living by Maori Values (Revised ed, Huia Publishers, Wellington, 2016)
R Benton, A Frame & P Meredith Te Matapunenga – A Compendium of References to the Concepts and Institutions of Maori Customary law (1st ed, Victoria Press, Wellington, 2013)
Other recommended readings will be placed on library desk reserve throughout the year.
Reading materials for lectures will be provided on Moodle and/or the Waikato Reading List. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
Online support for this paper is provided via Moodle.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at email@example.com or call 838 4008.
Students should expect to spend 300 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
Linkages to Other Papers*
Restricted papers: LAWS106