Courses - Faculty of Law
Law General
Stage IV
Directed Study
Directed study on a topic approved by the Academic Head or nominee.
Prerequisite: LAW 201, 211, 231, 241
Complex Litigation
The rise of globalisation and technology has created complex litigation challenges for victims of mass harms nationally and internationally. This course examines comparative theoretical, ideological and economic policies which underpin complex litigation systems with a particular focus on the use of regulatory actions, class actions and litigation funding entities. It also examines major procedural and substantive issues that arise in the context of national and international complex civil litigation.
Prerequisite: LAW 201, 211, 231, 241, 298 or 299
Restriction: LAWGENRL 457, LAWHONS 752
Indigenous Peoples, Criminal Law and Justice
An examination of contemporary issues in criminal law and justice concerning Indigenous peoples in Aotearoa New Zealand and internationally. Topics covered include: Indigenous peoples’ experiences of state criminal justice systems, efforts to incorporate Indigenous law and cultural practices into state criminal law and criminal justice systems, and Indigenous legal responses to wrongdoing.
Prerequisite: LAW 201
Technology Law and Policy
Considers the most critical issues in the intersection between technology, law and policy. The course examines how technological change affects, and is in turn affected by, legal and policy frameworks. In particular, it focuses on emerging technologies such as artificial intelligence, blockchain and cryptocurrency, and the subsequent challenges for law and society.
Prerequisite: LAW 201, 211, 231, 241
Comparative Health Law and Policy
An examination of domestic health care systems using a transdisciplinary lens with a specific focus on the roles that legal, economic, political, cultural, and ethical forces play in the development and regulation of health care systems around the world. Students will analyse the use of law and regulation to design and reform health care.
Prerequisite: LAW 201, 211, 231, 241, 298 or 299
History of the Law of Obligations
The doctrinal history of the law of contract, tort and unjust enrichment from the twelfth century to the twentieth century. Original primary materials in the form of case law and legal treatises are considered.
Prerequisite: LAW 231, 241
Restriction: LAWGENRL 445, LAWHONS 740
Animals and the Law
The history, philosophy, and ethics of humanity's treatment of animals; relevant legislation and case law. Topics include: the development of the humane movement; consideration of whether all animals should be treated as property and the justification for such an approach; the development of animal protection legislation and what it does for animals; and the emergence of a concept of Animal Rights; the use of animals in farming, entertainment, research, and in a companion animal context; enforcement and sentencing of animal welfare offending; and international trends and developments in animal law.
Prerequisite: LAW 211
Restriction: LAW 462, LAWGENRL 442
“Justice” in Sentencing
Concepts of “Justice” in the sentencing process in Aotearoa are examined and critiqued from multiple perspectives with a particular focus on te ao Māori and an emphasis on the practical elements involved in sentencing advocacy.
Prerequisite: LAW 201
Restriction: LAWGENRL 456
Evidence
An overview of the rules related to the presentation of proof in New Zealand courts (civil and criminal) and tribunals, including the rules relating to hearsay, opinion evidence, privilege, examination of witnesses, confessions and the exclusion of illegally obtained evidence.
Prerequisite: LAW 201, 231
Restriction: LAW 425, LAWGENRL 401
Directed Study
Directed study on a topic approved by the Academic Head or nominee.
Prerequisite: LAW 201, 211, 231, 241
Community Law Internship
Participation in and report on an approved internship involving at least 115 hours internship with an approved organisation in a community context, and evaluation of the issues arising therefrom.
Prerequisite: LAW 201, 211, 231, 241, 298 or 299
Restriction: LAWGENRL 405, 447
Civil Procedure
Studies in civil processes and procedures, with a focus on the New Zealand Senior Courts (High Court, Court of Appeal, Supreme Court). Covers commencement of proceedings (stating a case and a defence), case management processes, interlocutory steps, discovery, evidence and trial processes, costs and appellate procedures.
Prerequisite: LAW 201, 211, 231, 241
Restriction: LAW 413
Women and the Law
A study of the dual role of law in addressing and maintaining gender inequality, feminist thought on the gendered nature of law, and specific legal issues relevant to the status and interests of women in society.
Prerequisite: LAW 201, 211
Restriction: LAW 437
Legal History
Historical analysis of problems currently facing the law in Aotearoa New Zealand with reference to both English sources and indigenous developments.
Prerequisite: LAW 211
Restriction: LAW 441
Negotiation, Mediation and Dispute Resolution
An introduction to negotiation, mediation and dispute resolution covering: (i) a conceptual study of these processes including the study of the function of law, roles of lawyer, ethics, analysis, cultural and socio-economic factors; and (ii) a practical study of these processes including criteria for choosing resolution methods, techniques, attitudes, problem solving strategies, communication techniques, and effectiveness.
Restriction: LAW 447
Psychiatry and the Law
A general introduction to the formal relationship between psychiatry and law; the legal processes affecting compulsory assessment and treatment, including consideration of constitutional and cultural issues, patients rights and the review process; and the law and practice concerning forensic patients.
Prerequisite: LAW 201
Restriction: LAW 448
Roman Law
The significance of Roman Law as an enduring legacy from the ancient world to the modern; a study of the sources and historical development of Roman law; and a study of selected aspects of Roman law with a focus on the law of obligations: contract, quasi-contract, delict, quasi-delict. Translations of original primary materials in the form of the Institutes of Gaius, Justinian’s Institutes and Justinian’s Digest are considered.
Prerequisite: LAW 231, 241
Equitable Remedies
Examination of the more important remedies and orders granted in the court's equitable jurisdiction (excluding constructive trusts). Particular attention is directed to remedies in aid of judgment and interlocutory orders to maintain the court's authority over the parties or their property.
Prerequisite: LAW 306
Restriction: LAW 481
South Pacific Legal Studies
Legal study of Pacific Island states located in the regions of Micronesia, Melanesia and Polynesia. Distinctive features of law arising in Pacific states, for example sources of law; relationships between custom and imported concepts of law; legal pluralism; corruption and anti-corruption measures; democracy and governance; land law; constitutional crises and constitutional developments; environmental and trade issues; regional issues; human rights issues.
Prerequisite: 30 points at Stage II in International Relations and Business or LAW 211
Restriction: LAW 486
Law of Family Property
Advanced study of the law of property in family contexts, including trusts, succession, and matrimonial property.
Corequisite: LAW 306
Restriction: LAW 445
Advanced Family Law
Advanced problems in selected areas of family law.
Prerequisite: LAWGENRL 402 or 433
Restriction: LAW 407
Healthcare Law
An introduction to the legal and ethical issues related to health care delivery including: the purchase and provision of health services, the relationship between health providers and consumers, professional accountability, codes of rights, legal and ethical issues at the start and end of life, and biomedical research.
Prerequisite: LAW 211, 231
Restriction: LAW 427
Family Law
The law relating to cohabitation and marriage, the establishment of parenthood, and the relationship between parent and child. Study of the interrelationship between the state, the family and child protection and support.
Prerequisite: LAW 211
Restriction: LAW 426, LAWGENRL 402
Trial Advocacy
Examines the principles of trial advocacy in both civil and criminal cases; practical instruction; related procedural, tactical and ethical issues.
Prerequisite: LAW 301, 306
Corequisite: LAWGENRL 401 or 415
Restriction: LAW 347, 410, LAWGENRL 420, LAWHONS 707
Theories of Private Law
Different theories of private law and how it leads to different solutions to concrete legal questions. This course explores some of the main schools of normative thought in contemporary private law theory. It examines the key concepts and values associated with each theory before considering different theoretical frameworks for understanding two of the main categories of private law: property and contract.
Prerequisite: LAW 231, 241
Restriction: LAWHONS 739
Air and Space Law
Examines important aspects of international air and space law using examples of how the international law has been implemented and applied in the New Zealand legal system including topical aviation industry issues.
Prerequisite: LAW 211, 241
Housing Law and Policy
An examination of the law and the policy considerations that relate to residential housing including: the historical development and current state of residential tenancy protection legislation; the relationship between social policy and housing regulation; human rights and social equity considerations; economic measures to achieve government policy objectives for housing; regulating the private rental market; property rights and security of tenure issues; 'consumer protection' measures to ensure safe and habitable housing; housing and natural disasters; retirement housing; new forms of housing ownership; and dispute resolution.
Prerequisite: LAW 301
Housing Law and Policy
An examination of the law and policy relating to residential housing including: human rights and social equity considerations; the role of government and social policy on housing; forms of housing ownership; residential tenancy legislation; regulating the private rental market; measures to ensure safe and habitable housing; retirement housing; housing for disabled persons; and housing following natural disasters.
Prerequisite: LAW 301
Restriction: LAWGENRL 438
Appellate Advocacy
General principles of appellate advocacy in both civil and criminal cases; practical instruction; related procedural, tactical and ethical issues.
Prerequisite: LAW 301, 306
Corequisite: LAWGENRL 401 or 415
Restriction: LAW 347, 410, LAWGENRL 420, LAWHONS 707
Privacy Law
An examination of the Law relating to privacy in New Zealand with special reference to the common law protection of privacy; the protection of privacy under the Broadcasting Act 1989; and the scope and application of the Privacy Act 2020.
Prerequisite: LAW 211, 231
Restriction: LAWPUBL 453, LAWHONS 744
Youth Justice
A study of how children and young people interact with and are treated by the criminal justice system of Aotearoa New Zealand, with comparison to developments in other jurisdictions. Topics may include: causes and responses to youth offending; youth as victims and participants in the criminal process; responses to Māori youth; gender; Family Group Conferences; Rangatahi Courts; and child imprisonment.
Prerequisite: LAW 201
Restriction: LAWGENRL 440
Pasifika Peoples and the Law
Undeniably, Pasifika peoples in Aotearoa experience a number of inequalities. However, the complex relationships between these inequalities and the law are rarely explored in legal education and scholarship. Therefore, this course aims to give students an understanding of these relationships by encouraging the use of critical perspectives to examine a range of socio-legal issues facing Pasifika communities in Aotearoa today.
Prerequisite: LAW 201, 211, and 298 or 299
Race and the Law
Explores the relationship between race, power and the law in Aotearoa and beyond. Areas of focus will include the changing conceptualisations of race, racism, discrimination, implicit and institutional bias. Students will also examine approaches to racial justice (from Critical Race Theory to Abolition movements) and consider how they understand and address the issues facing communities of colour today.
Prerequisite: LAW 201, 211, 231, 241, 298 or 299
International Mooting
Students selected to represent the Faculty of Law in approved international mooting competitions will complete independent research, draft written submissions and present oral argument on complex areas of international law which will be overseen by faculty advisers.
Prerequisite: LAW 201, 211, 231, 241, 298 or 299
Law and Popular Culture
An exploration of the intersection between law and popular culture that considers how legal concepts, processes, actors, institutions and issues are portrayed, critiqued, and shaped by popular depictions in film and television.
Corequisite: LAW 316
Introduction to Common Law
The history, nature and evolution of the Common Law; common law reasoning; the interaction of case law and legislation in a common law system.
Restriction: LAW 472, LAWGENRL 443
Contemporary Issues in Land Law
Study of selected contemporary issues in real property. Topics may include: legal theory of real property; the constitution and takings of private property; state regulation of private property; the law of public recreational access, particularly to the waterfront; indigenous challenges to Crown ownership and governance of land, including the beds of water bodies and national parks; the aims of the Torrens system; and implications of reform of the Land Transfer Act 1952, in particular relating to land covenants, fraud and exceptions to indefeasibility.
Prerequisite: LAW 301
Restriction: LAWGENRL 444
Pacific People in Aotearoa: Legal Peripheries
Examines and critiques certain areas and aspects of the law and legal system in New Zealand of particular relevance for Pacific people and communities.
Prerequisite: LAW 211
Restriction: LAWGENRL 446
Selected Topics in Health Care Law
A selection of topics designed to consolidate and advance understanding of the theory and practice of health care law. The topics covered will vary according to current legal developments, but are likely to include: the law relating to human research and experimentation; legal and ethical issues in abortion, human reproduction, and assisted reproductive technologies; organ and tissue donation; the sterilisation of mental incompetents; the regulation of health professions, medical manslaughter and the disciplinary process; legal issues arising in human genetics, stem cell research, human reproductive cloning. An opportunity for an in-depth examination of relevant, current legal developments relating to health professional practice and patients' rights.
Prerequisite: LAW 211, 231
Restriction: LAW 468, LAWGENRL 448
Selected Topics in Media Law
The law governing the media and journalists. Topics to be covered will include some of: defamation, contempt of court, breach of confidence, privacy, the broadcasting legislation, censorship and copyright.
Prerequisite: LAW 211, 231
Restriction: LAWGENRL 449, LAWHONS 721
Public Authority Liability
Detailed consideration of the bases in both public and private law on which public authorities or the Crown may be liable to compensate private individuals or entities, and the debates surrounding this issue; the interface between private and public law.
Prerequisite: LAW 201, 211, 231, 241
Restriction: LAW 466, LAWGENRL 450, LAWHONS 742, LAWPUBL 450
Economic Analysis of Public and Private Law
Examines the role economic thinking can play in legal reasoning. Key economic concepts. Economic analysis applied to tort and contract law, constitutional and public international law, and judicial decision-making.
Prerequisite: LAW 211, 231, 241
Restriction: LAWGENRL 455
Postgraduate 700 Level Courses
Foundations of Human Rights - Level 9
A study of the moral and jurisprudential basis for human rights and for their protection through law including a study of the major theories of justice and rights. Involves individual research resulting in a substantial individual research essay.
Special Topic: Corruption: Comparative and International Approaches - Level 9
Therapeutic Jurisprudence - Level 9
The role of the law as a therapeutic agent. The impact of the law on emotional life and psychological wellbeing. Investigation of different areas of the practice of law that may be susceptible to a therapeutic jurisprudence analysis, including drug treatment and mental health courts. Involves individual research resulting in a substantial individual research essay.
Law of Evidence - Level 9
Fundamental principles and policies central to the law of evidence in modern times; consideration of how successfully these competing principles and policies are balanced within New Zealand’s legislation governing the admission of evidence: the Evidence Act 2006. Using examples from New Zealand and abroad, consideration of how these principles and policies interact in particular cases in criminal proceedings. Involves individual research resulting in a substantial individual research essay.
Mediation - Level 9
The nature of mediation and its strategic advantages and disadvantages, the legal framework of mediation (including the limits of confidentiality and privilege), negotiation theory and effective client representation in mediation. A central focus on current theoretical issues in dispute resolution such as ethical dilemmas, power dynamics in mediation and the future of the justice system. Involves individual research resulting in a substantial individual research essay.
Comparative Law - Level 9
Comparative law, theory and methodology. Involves individual research resulting in a substantial individual research essay.
Special Topic: Selected Topics in Law of Evidence and Criminal Procedure - Level 9
Special Topic: Human Rights in their Commercial Context in Aotearoa - Level 9
Ideas of Land - Level 9
An exploration of the challenges posed to legal thinking by social and environmental issues in the twenty-first century. Examination of some central tensions in the theory of property law. The history of common law ideas of land. Debates about theories of property in light of selected current issues in the law. Involves individual research resulting in a substantial individual research essay.
Mediation Theory and Practice - Level 9
The mediation process, advantages and disadvantages of mediation, the landscape of mediation in New Zealand and internationally, some basic legal framework issues, the role of mediation in the civil justice system, consideration of some issues surrounding ethics, gender and race dynamics and online mediation. Involves individual research resulting in a substantial individual research essay.
Mediation Advocacy - Level 9
A study of the practice and skills of representing clients effectively in mediation including tactical and ethical issues facing mediators. The relevant legal framework in detail, including the enforceability of mediation agreements, confidentiality and privilege issues, power dynamics and how to deal with common problems in mediation. Involves individual research resulting in a substantial individual research essay.
Theoretical Issues in Therapeutic Jurisprudence - Level 9
An exploration of the theoretical underpinnings of the idea of law as a therapeutic agent. Involves individual research resulting in a substantial individual research essay.
The Practice of Therapeutic Jurisprudence - Level 9
Building on Theoretical Issues in Therapeutic Jurisprudence, this course investigates different areas of the practice of law that may be susceptible to a therapeutic jurisprudence analysis, including drug treatment and mental health courts. Involves individual research resulting in a substantial individual research essay.
Prerequisite: LAWGENRL 773