Courses - Faculty of Law
Law Public
Stage IV
Administrative Law
A study of the general principles of judicial review of administrative action, including the ultra vires principle, the substantive and procedural restraints on the exercise of public power, and the remedies available for breach of these principles.
Prerequisite: LAW 201, 211, 231, 241
Restriction: LAW 402, 440, LAWPUBL 426
International Law
An introduction to the basic principles and nature of public international law and its role in contemporary society including an overview of the current legal framework, the sources of international law, the law of treaties, issues surrounding international personality, international dispute resolution and the use of force.
Prerequisite: 30 points at Stage II in Global Politics and Human Rights or LAW 211, 231, 241
Restriction: LAW 435
Advanced Criminal Law
An in-depth examination of the criminal trial and certain aspects of the sentencing process; the limits of the adversarial process as a mechanism for advancing 'justice'; the role of the Crown, the trial judge, defence counsel and important witnesses. Topics include: the role of the Crown; the abuse of process doctrine; the trial judge's ability to act as a party; ethical obligations of the defence, victims rights at trial and at sentencing; complainants in sexual assault trials; child witnesses.
Prerequisite: LAW 201
Restriction: LAW 406
Advanced International Law
Advanced studies in selected areas of the law of nations; a critical analysis of existing and developing international law, and consideration of the relationship between law, economics, politics and international diplomacy.
Prerequisite: LAW 435 or LAWPUBL 402
Restriction: LAW 408, LAWPUBL 459
Contemporary Tiriti/Treaty Issues
Contemporary legal issues arising under Te Tiriti o Waitangi.
Prerequisite: LAW 211
Restriction: LAW 421
Criminology
The study of major theories of criminology; the definition, nature and causes of criminal behaviour; the administration of criminal justice; and the interrelation of specific crimes and the criminal justice system.
Prerequisite: LAW 201, or 121G and either CRIM 201 or 202
Restriction: LAW 363, 423, LAWHONS 723
Immigration and Refugee Law
A consideration of the basic features of the Immigration Act 1987 with emphasis on the role of administrative law in the immigration field, an introduction to the law of refugee status, and the jurisprudence of the New Zealand. Refugee Status Appeals Authority.
Prerequisite: LAW 211
Restriction: LAW 428
Employment Law
A study of the common law individual contract of employment and the mutual duties implied therein; the statutory system and the collective agreement under the Employment Relations Act and its predecessors; the impact on industrial law of specific statutory reforms such as the Human Rights Act, the Health and Safety in Employment Act, and the Parental Leave legislation; and analysis of strikes and lockouts, both as common law torts and as events subject to statutory control.
Prerequisite: LAW 231, 241
Restriction: LAW 430
Judicial Review
A study of the general principles of judicial review of administrative action, and remedies available for breach of those principles.
Prerequisite: LAW 211
Restriction: LAW 402, 440, LAWPUBL 401
Māori Land Law
Customary Māori land tenure and legal issues arising under Te Ture Whenua Māori Act 1993.
Corequisite: LAW 301
Restriction: LAW 359, 444, LAWHONS 719
Rights and Freedoms
The legal modes for protection of civil rights including study of the New Zealand Bill of Rights Act 1990, the Human Rights Act 1993, freedom of speech and religion, criminal procedural rights, equality and the prohibited grounds of discrimination.
Prerequisite: LAW 211
Restriction: LAW 342, 452, LAWHONS 702
Law and Policy
An introduction to different theoretical perspectives on the role of the State and the policy-making process; the policy-making process and the techniques for analysing policy; the process, substance and effects of key policy changes since 1984.
Prerequisite: LAW 211
Restriction: LAW 480
Criminal Procedure
The rules governing the conduct of criminal trials and the investigation of crime. Changes to criminal procedure brought about by judicial interpretation of the New Zealand Bill of Rights Act 1990. Selected topics which may include: search and seizure, name suppression, right to counsel, exclusion of evidence, bail, juries, trial delay.
Prerequisite: LAW 201
Restriction: LAW 482
Advanced Public Law
Advanced studies in selected areas of Public Law.
Prerequisite: LAW 211
Restriction: LAW 483
International Economic Regulation
The growing array of trade and investment, or economic integration, agreements at the multilateral, regional and bilateral levels. Core concepts, theories, institutions and rules from the perspective of public international law, as well as the realpolitik of trade negotiations.
Prerequisite: 30 points at Stage II in International Relations and Business or LAW 211
Restriction: LAW 485
International Criminal Law
The evolution of international criminal law, from the Nuremberg and Tokyo Tribunals to the International Criminal Court. Topics include: the nature and sources of international criminal law; jurisdiction; individual and collective responsibility; substantive crimes and defences; alternatives to criminal trials, such as truth commissions and amnesties.
Prerequisite: LAW 201
Corequisite: LAW 435 or LAWPUBL 402
Restriction: LAW 489
Law of the Sea and Antarctica
A foundational study of the Law of the Sea and the law relating to Antarctica, with specialised work on contemporary legal and policy issues.
Prerequisite: 30 points at Stage II in International Relations and Business, or LAW 211
Restriction: LAW 494, LAWPUBL 462
International Human Rights
An outline of the growing jurisprudence relating to international human rights law, with a particular focus on the case law of the UN Human Rights Committee and the European Court of Human Rights; consideration of the core human rights protected, and the practicalities of how human rights cases are brought before the main adjudicatory bodies.
Prerequisite: 30 points at Stage II in Global Politics and Human Rights or LAW 211
Restriction: LAW 496
European Public Law
An introduction to the unique organisational structure of the European Union and to its fundamental principles. Topics include: the fundamental structure of the EU; how EU law is made and by whom; the role of the European Courts, and the relationship between EU and national law; and selected areas of EU substantive law, such as the free movement of persons and goods.
Prerequisite: 30 points at Stage II in BGlobalSt courses or LAW 211
Restriction: LAW 498
The Geopolitics of International Law
An examination of the colonial origins of underdevelopment; historical inequity; the colonial origins of international law, and its role in subordinating native inhabitants; case studies, including human rights, intellectual property rights, military interventions, food politics, the world trading system.
Prerequisite: LAW 211
Restriction: LAW 495
The Politics of Intellectual Property
A study of the new regimes of trade that are expanding the privatisation of more areas of human life and the drive to develop new IPRs that recognise more areas of human effort, in the context of neoliberal economics and informational capitalism.
Corequisite: LAW 432 or LAWCOMM 404
Nga Tikanga Māori
A study of Māori customary law. Topics that may be covered include: the content of Customary Law as it relates to Māori social and political organisation and land tenure; Customary Law’s interaction with the general (eg through statute or the common law); Customary Law and legal pluralism and culture theory; and the role of Customary Law in contemporary Crown-iwi relations.
Prerequisite: LAW 211
Researching Indigenous Rights Theory, Law and Practice
Aims to provide students with the opportunity to develop their research and writing skills, while also acquiring substantive knowledge about indigenous rights law in the context of international law; comparative law; and the domestic law of states. Students will also learn how to research indigenous rights law, for example by learning how to access materials, academic papers, and information.
Prerequisite: LAW 211
Refugee Law
An overview of the international and New Zealand refugee law systems including who is a refugee, the pathways and processes for becoming a refugee, the rights of refugees. Critical approaches to the field of refugee law; discussion of contemporary challenges in the field.
Prerequisite: 30 points at Stage II in Global Politics and Human Rights or LAW 211
Restriction: LAW 428, LAWPUBL 424
Immigration Law
An overview of the immigration issues in New Zealand. The history of immigration law; examination of some of the key issues in immigration law today including the immigration law system, citizenship, visas, deportation, appeals and judicial review of immigration decisions and national security issues. Contemporary challenges in the field.
Prerequisite: LAW 211
Restriction: LAW 428, LAWPUBL 424
European Union Law
The law related to the European Union and its institutional, economic and social structure as well as the general economic and political implications of the present status of the European Union.
Prerequisite: 30 points at Stage II in BGlobalSt courses or LAW 211
Restriction: LAW 424
Indigenous Peoples in International Law
An introduction to international law as it relates to Indigenous peoples including: third world approaches to international law; the United Nations Declaration on the Rights of Indigenous peoples; the relationship between international human rights and Indigenous peoples' rights; the universal human rights regime and Indigenous peoples; regional human rights systems and Indigenous peoples' rights; international economic institutions and Indigenous peoples; business and Indigenous peoples' rights and special topics relevant to Indigenous peoples in the Pacific.
Prerequisite: 30 points at Stage II in Global Environment and Sustainable Development or Global Politics and Human Rights, or LAW 211
Statutory Interpretation: Theory and Practice
The normal mode of legal reasoning and legal argumentation proceeds by way of interpretation: of statutes, of precedents, of contracts etc. This course takes up the systematic study of statutory interpretation. Drawing on examples from different common law jurisdictions, it surveys the traditional techniques employed in the interpretation of statutes and analyses the contemporary debate between different theoretical schools such as textualism, intentionalism, purposivism and pragmatism.
Restriction: LAW 488
Counterterrorism Law and Policy
An examination of various legal issues arising out of the 'global war on terror', including: different paradigms for dealing with emergencies; difficulties of legally defining terrorism; detention of terrorist suspects; ethnic/racial profiling; electronic surveillance; coercive interrogation and torture; targeted killing; criminalisation of offences related to terrorism.
Prerequisite: 30 points at Stage II in Global Environment and Sustainable Development or Global Politics and Human Rights, or LAW 201, 211
Restriction: LAW 467
Law of Armed Conflict
The legal rules governing the conduct of hostilities; historical and contemporary operation; associated issues, including treaties and UN peace operations.
Corequisite: LAW 435 or LAWPUBL 402
Restriction: LAW 473
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 1993.
Prerequisite: LAW 211, 231
Restriction: LAW 474, 483
International Disputes Settlement
Topics are likely to include: the international law obligation to settle disputes peacefully; legal and political mechanisms for settling international disputes; the establishment and functions of the International Court of Justice; global dispute settlement bodies: dispute settlement system of the World Trade Organization, the Permanent Court of Arbitration, and the International Tribunal for the Law of the Sea; regional tribunals; international criminal courts and tribunals; mixed investor-state dispute settlement.
Prerequisite: LAW 211
Corequisite: LAW 435 or LAWPUBL 402
The Law of Disarmament
A legal analysis of the framework governing disarmament and arms control in the international sphere, including (but not limited to) treaties such as the Nuclear Non Proliferation Treaty, the Comprehensive Test Ban Treaty, the Chemical Weapons Convention, and the Landmines Convention. Relevant case law of the International Court of Justice. The role of civil society in disarmament campaigns.
Prerequisite: 30 points at Stage II in Global Politics and Human Rights, or LAW 211
Restriction: LAWPUBL 466
Introduction to Criminology
A study of classical and contemporary theories concerning the nature, causes and effects of crime and delinquency; the varieties of behaviour that society chooses to control or regulate; formal and informal methods and institutions used to achieve crime control; and the operation of various law enforcement, security, correctional and judicial organisations. Throughout the course attention is given to the relationship between theory and practice and students are encouraged to think critically about the implications of criminological research for criminal justice policy.
Prerequisite: LAW 201
Restriction: LAWPUBL 423
Advanced Employment Law
Advanced study of both collective and individual aspects of employment law, including comparative treatment of good faith in collective bargaining and ILO conventions. Comparative treatment of tenure in employment, the 'contingent' workforce and transfer of undertakings.
Prerequisite: LAWPUBL 425
Restriction: LAW 460
Comparative Indigenous Law Topics
Study of law and legal issues affecting indigenous peoples in various jurisdictions.
Prerequisite: 30 points at Stage II in Global Environment and Sustainable Development or Global Politics and Human Rights, or LAW 211
Restriction: LAW 463
Aspects of Advanced International Law
Advanced studies in selected aspects of international law.
Prerequisite: LAW 435 or LAWPUBL 402
Restriction: LAW 408, LAWPUBL 421
Comparative Constitutional Law
Through a comparative approach to constitutional structures, history and constitution-making, this course aims to prepare students both theoretically and practically to evaluate New Zealand’s constitution and to consider its future.
Prerequisite: LAW 211
Restriction: LAW 483, LAWPUBL 431
Human Rights Theory and its Application
Explores substantive international and domestic human rights law and associated legal skills taught through a combination of seminars and experiential learning.
Prerequisite: 30 points at Stage II in Global Politics and Human Rights or LAW 399 and one of LAWPUBL 422, 428, 436, 458
Law of the Sea
An examination of the history of the development of the law of the sea; the sources of the contemporary law of the sea, leading to the adoption of the 1982 United Nations Convention on the Law of the Sea; and the legal regime of various maritime zones (territorial sea, exclusive economic zone, high seas etc). Particular issues such as the settlement of disputes, maritime delimitation, maritime security, fisheries and bioprospecting are also addressed.
Prerequisite: 30 points at Stage II in International Relations and Business, or LAW 211
Restriction: LAW 494, LAWPUBL 435
Advanced Topics in Criminal Law
Consideration of particular areas of law arising from criminal trials, including bail, offences against justice (corruption, perjury, perverting justice), appeals against conviction including the role of juries, when justice ‘miscarries’, prosecutorial misconduct, trial counsel error, inconsistent verdicts, tainted acquittals.
Prerequisite: LAW 201
Restriction: LAWPUBL 420
Special Topic: Law and Policy
An introduction to different perspectives on the role of the State in policy and regulation; policy-making processes, institutions and influences; regulatory management mechanisms; and techniques for research and analysing policy.
Contemporary Issues in Disarmament Law
A study of the legal and humanitarian issues relating to arms control and disarmament, including both conventional weapons (landmines, small arms, incendiary weapons for example) and “weapons of mass destruction” (chemical, biological and nuclear weapons). Themes include the role of civil society in law-making, difficulties of verification and dispute resolution and the role of law in disarmament.
Prerequisite: 30 points at Stage II in Global Politics and Human Rights or LAW 211
Restriction: LAWPUBL 455
Postgraduate 700 Level Courses
The International Legal System
A discussion of the framework, development and theory of international law. An examination of the key concepts and fundamental principles of international law. Involves individual research resulting in a substantial individual research essay.
Criminal Law and Policy
The history and principles of criminal law, analysis of current issues in substantive and procedural criminal law, criminal justice theory, including the theory of punishment, and criminal law reform. Involves individual research resulting in a substantial individual research essay.
Restriction: LAW 715
Employment Law
Selected and comparative studies in employment law. Involves individual research resulting in a substantial individual research essay.
Restriction: LAW 725
Local Government Law
The law relating to the structure, powers and service delivery functions of local government including: the history of local government, reorganisation schemes, powers and administrative principles, civil liability, elections, council procedures, staff employment, works contracts, financial accountability, land valuation, rating systems, environmental functions and bylaws. Consideration of related public bodies, eg, education and health authorities. Involves individual research resulting in a substantial individual research essay.
Privacy Law
The law governing data surveillance and techniques of social control through the use of information technology, privacy aspects of the prevention of credit and insurance fraud, criminal investigation and the balance between individual rights and commercial and/or public interests. Involves individual research resulting in a substantial individual research essay.
Public International Law
The principles of international law and their application to municipal law. Involves individual research resulting in a substantial individual research essay.
Indigenous Peoples’ Rights in National Law
A study of the application of indigenous peoples’ rights in national jurisdictions including New Zealand, Canada, the United States and select Latin American states. Involves individual research resulting in a substantial individual research essay.
Comparative Indigenous Rights Law
Study of the nature and legal protection of the rights of indigenous persons and groups in international and comparative perspective, including rights to self-government, cultural, religious and linguistic rights. Involves individual research resulting in a substantial individual research essay.
Human Rights Litigation
Study of international conventions and customary international law on human rights, including: free speech, exercise of religion, privacy and nondiscrimination, enforcement mechanisms, human rights theories in international law, third generation human rights including rights to development and a functioning environment, and the recognition of these in international law. Involves individual research resulting in a substantial individual research essay.
Fundamental Principles of Criminal Law
Advanced study of the scope and application of fundamental principles in criminal liability. Involves significant individual research resulting in a substantial individual research essay.
International Criminal Law
The evolution of international criminal law, from the Nuremberg and Tokyo Tribunals to the International Criminal Court. Topics include the nature and sources of international criminal law, jurisdiction, individual and state responsibility, substantive crimes and defences, and alternatives to criminal trials such as truth commissions and amnesties. Involves individual research resulting in a substantial individual research essay.
Regulation of Healthcare
The regulation of healthcare in New Zealand. Topics include: the legal structure of the publicly funded health system, regulation of health practitioners, the Code of Consumers’ Rights and the HDC complaint system, professional discipline, and the role of the Human Rights Review Tribunal. Involves individual research resulting in a substantial individual research essay.
Special Topic: Litigating Human Rights - Law and Practice in Comparative Perspective
Crown and State Liability
The availability of remedies against the state or Crown. Conceptual and practical anomalies arising under the Crown Proceedings Act 1950. The development of judicial review, both in New Zealand and in other parts of the Commonwealth, to resolve such anomalies. The potential impact of the Bill of Rights Act 1990. Analytical difficulties, and possibilities for reform. Involves individual research resulting in a substantial individual research essay.
Privacy at Common Law
The concept of privacy; definitions; privacy-related interests. Sources of privacy law. Common law privacy protection in New Zealand and other jurisdictions, including the recognition of privacy torts and possible future developments. Specific applications. Involves individual research resulting in a substantial individual research essay.
Selected Issues in Public International Law
Explores a selection of contemporary issues in international law. Involves individual research resulting in a substantial individual research essay.
Indigenous Peoples’ Rights in International Law
An in-depth study of the international law relevant to the protection of the rights of indigenous peoples. The history of the development of indigenous peoples’ rights in international law; analysis of those rights; the mechanisms in place for indigenous peoples to advocate for their rights in international fora. Involves individual research resulting in a substantial individual research essay.
Theory and History of Criminal Law and Policy
Explores the history and principles of criminal law, criminal justice theory, including the theory of punishment with analysis of some current issues in substantive criminal law. Involves individual research resulting in a substantial individual research essay.
Advanced Criminal Procedure: Selected Topics
An in-depth examination of selected laws governing police investigations and criminal trial practice in New Zealand. Involves individual research resulting in a substantial individual research essay.
Comparative Criminal Procedure
An examination of the law related to police investigations and criminal trial practice in Canada, United States and New Zealand. Involves individual research resulting in a substantial individual research essay.
Advanced Evidence Law in Criminal Cases
An in-depth examination of the law governing the presentation of evidence in criminal trial proceedings under the New Zealand Evidence Act 2006. Involves individual research resulting in a substantial individual research essay.
Human Rights
The legal framework for the protection of human rights including a consideration of the moral and jurisprudential underpinnings of modern human rights. Involves significant individual research resulting in a substantial individual research essay.
Human Rights Remedies
A study of human rights dispute mechanisms and remedies available for breach of rights. Involves individual research resulting in a substantial individual research essay.
Prerequisite: LAWPUBL 774
Human Rights: Selected Topics
A study of selected contemporary human rights issues. Involves individual research resulting in a substantial individual research essay.
Prerequisite: LAWPUBL 774
Human Rights in Mental Health Law
A study of human rights issues arising in the specific context of mental health law. Involves individual research resulting in a substantial individual research essay.
Prerequisite: LAWPUBL 774
Issues in Search and Surveillance
A study of current search and surveillance issues in the context of human rights law. Involves significant individual research resulting in a substantial individual research essay.
Prerequisite: LAWPUBL 774
