LAWS469­15T (HAM)
Issues in Health Law
20 Points
FACULTY OF LAW
TE PIRINGA
STAFF CONTACT DETAILS
CONVENORS
Kate Diesfeld
Phone ext:
Room:
Office Hours: See contact details below
Email: [email protected]
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20 Points
INTRODUCTION
Professor Kate Diesfeld (Convenor) 09 921 999 x 7837 email: [email protected]
I am available by phone and email during business hours except for 20, 26 and 27 November.
PAPER DESCRIPTION
Explores the role of New Zealand law in health care practice. Students will critically analyse select legislation, legal processes and
institutions that impact upon health care delivery. Topics include issues across the lifespan from the beginning to the end of life,
disability consent, confidentiality and professional discipline.
PAPER STRUCTURE
This is a T semester paper. The teaching component comprises 48 contact hours. The first lecture on Monday 9 November is from at
8:30 to 12:30 and 1:00 to 5:00 in Room Law G.02. Those times are the same for the remaining lecture days on Thursday 12 November,
Friday 13 November, Monday 16 November and Thursday 19 November in Room LAW G.03.
The closed book, one­hour compulsory test is Monday morning 30 November 10:00 in LAWS
G.03. From 11:30 to 1:30, appointments are available to discuss research projects topics.
The oral presentations will occur on Friday 4 December starting at 9:30. Attendance by all is expected and sign up is on Moodle.
TIMETABLE
LECTURES
Name
Time
Room
Lecture 1 NOV 9
Mon, 8:00 AM ­ 5:00 PM
LAW.G.02
Lecture 2 NOV 12
Thu, 8:00 AM ­ 5:00 PM
LAW.G.03
Lecture 3 NOV 13
Fri, 8:00 AM ­ 5:00 PM
LAW.G.03
Lecture 4 NOV 16
Mon, 8:00 AM ­ 5:00 PM
LAW.G.03
Lecture 5 NOV 19
Thu, 8:00 AM ­ 5:00 PM
LAW.G.03
Lecture 6 NOV 30 (TEST)
Mon, 8:00 AM ­ 1:00 PM
LAW.G.03
Fri, 8:00 AM ­ 5:00 PM
LAW.G.03
Lecture 7 DEC 4
(ORALS)
LEARNING OUTCOMES
Students who successfully complete the course should be able to:
Acquire a conceptual understanding of key laws (domestic and select international) and policy on the right to health care
Attain knowledge of the New Zealand health care system and how it is legally regulated
Demonstrate a conceptual understanding of selected health law issues encountered by New Zealanders under the current health care
system
Produce a written project of independent, analytic legal research regarding health law
Frameahealthlawtopicintoaresearchbasedassessmentfromalistofselectedtopics
Critically evaluaterelevant primary andsecondarysources of law andpolicy fortheresearchproject
Integraterelevantindependentresearch
Constructrelevantandresearch­basedrecommendationsforreform
Develop a critical legalanalysisofthe selectedlegal topic
Deliver an oral presentation
ASSESSMENT
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course work are set out in the Te Piringa
Faculty of Law Undergraduate Handbook which is available from http://www.waikato.ac.nz/law/undergraduate.
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20 Points
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
The word count for the compulsory written assessment is 4000 words, excluding footnotes and bibliographies.
INTERNALLY ASSESSED COMPONENTS
The internal assessment/exam ratio (as stated in the University Calendar) is 1:0. There is no final exam.
Component Description
1. In­class Test
2. Oral Presentation of Research
Paper
3. Presentation of the Research
Paper
Internal Assessment Total:
Percentage
of internal
mark
Due Date
Time
30 Nov 2015
10:00 AM
30
✔
4 Dec 2015
12:00 AM
20
✔
7 Dec 2015
No set time
50
✔
100
Submission Method
Compulsory
Failing to complete a compulsory assessment component of a paper will result in an IC grade
IN­CLASS TEST
The in­class test (worth 30% of the overall mark) on Monday, 30 November. This is a compulsory, closed book test. The test will enable
students to apply the substantive law relevant to health law in New Zealand. This test will assist students to understand the material
covered and to develop skills in answering questions regarding substantive health law in test conditions. Students bring their own note
paper. Electronic devices will not be allowed.
ORAL PRESENTATION OF RESEARCH PAPER
Students will be required to make a 10 minute presentation on the research paper, followed by 5 minutes to respond to questions from
the convenor and other students. Both portions will be assessed. Based upon the research project, during the oral presentation,
students will:
o Frame the health law topic into a research assessment
o Critically evaluate relevant primary and secondary sources of law and policy for the research project
o Integrate relevant independent research
o Construct relevant and research­based recommendations for reform
o Develop a critical legal analysis of the selected legal topic
o Respond to questions from the convenor regarding the research topic
o Deliver a professionally presented oral presentation
PRESENTATION OF THE RESEARCH PAPER
Students will be chose a topic within a list of selected research topics. The list will be distributed on 9 November. The topic must be
selected, the research question formed, and emailed to the convenor by 23 November. Students are strongly encouraged to consult
with the convenor regarding their topic and supporting resources. Students may forward one draft of the research project to the convenor
for comment by 24 November. This is the single opportunity for draft review. The completed research paper should be no longer than
4,000 words. Footnotes and the bibliography are not to be included in the word count. The paper must comply with the requirements for
assessed work, including application of the Style Guide for citation.
HOW ACHIEVEMENT WILL BE MEASURED
Achievement in examinations and tests will be measured primarily in terms of levels of understanding and knowledge gained.
Achievement in assignments will be measured also in terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
ASSIGNMENT SUBMISSION AND COLLECTION PROCEDURE
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz). See Te Piringa Faculty of Law
Undergraduate Handbook, available at http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to return
marked work to students within five weeks of submission.
PROCESS FOR REQUESTING EXTENSIONS, SPECIAL CONSIDERATION AND FOR APPEALING MARKS
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Extensions
Students are required to complete and submit all internal assessments by specified dates. The meeting of deadlines is a mark of
professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the
due date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines
for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate
Programmes Manual available from the School of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to
comply with requirements as to the time deadlines for internal assessment without having successfully applied either for an extension
or special consideration with supporting evidence before the due date will result in deduction of 2.5 marks for each day the work is late.
Lateness of more than a week may result in the work not being marked. No deadlines may be extended beyond two weeks after the
last teaching day of the semester(s) (14 December 2015) in which the paper is taught as final grades must go to the Board of
Examiners at this time. Unless an extension in writing has been granted, a lecturer may refuse to accept a piece of work which is
submitted after the specified date, and automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to the Chief Examiner or nominee.
Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or
circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the intervening event occurred. It will be important to consider if the grant of the extension will give the student in
question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are
exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the nominated Administrative Assistant will
advise the student of the decision by email. Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an
extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore
the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s application for extension is
declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration.
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2015 list in detail the university­wide policies and procedures,
which apply concerning missed examinations, impaired performance or impaired preparation time for an examination, and missed or
impaired course work. Students are responsible for ensuring that they comply with these regulations. Application forms for special
consideration for internal assessment are available from law reception.
TOPICS
Right to health & the regulation of health care in NZ
Health rights regime: HDC, CHDSCR
Consent and capacity
HDC: Discussion and debate
Privacy and confidentiality
Privacy: Discussion and debate
Accident compensation
Professional regulation and discipline
Discussion and debate: HPDT
Topical issues in health law
Criminal law
Legal issues of disability
Mental health law
MHRT: Discussion and debate
Beginning of life issues
Issues at the end of life
Public health
SCHEDULE
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20 Points
Week
Paper
1
Week
Beginning
University
46
Mon 9 Nov
Topics
Right to health & the regulation of
Additional Information
Introduction and Overview of Course
health care in NZ
Health rights regime: HDC,
CHDSCR
Consent and capacity
HDC: Discussion and debate
Privacy and confidentiality
Privacy: Discussion and debate
Accident compensation
Professional regulation and
discipline
Discussion and debate: HPDT
Topical issues in health law
2
47
Mon 16 Nov
Criminal law
Legal issues of disability
Mental health law
MHRT: Discussion and debate
Beginning of life issues
Issues at the end of life
Public health
3
48
Mon 23 Nov
4
49
Mon 30 Nov
Monday ­ Test
Friday ­ Oral Presentations
5
50
Mon 7 Dec
6
51
Mon 14 Dec
Monday ­ Research paper due: no class
Schedule can be subject to change.
REQUIRED AND RECOMMENDED READINGS
REQUIRED READINGS
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide,
2nd ed, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $37 incl GST.
In addition to the texts identified below, the Law School requires that students access the course materials for this paper.
The course materials contain the required readings for this paper.
RECOMMENDED READINGS
In addition, the following texts are highly recommended:
Diesfeld K and McIntosh I (Eds) Elder Law in New Zealand (ThomsonReuters, Wellington, 2014)
Skegg PDG and R Paterson (ed) Medical Law in New Zealand (Thomson Reuters, Wellington, 2015).
The following are recommended:
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Keenan R (Ed) Health Care and the Law (4th NZ ed, Thomsen Reuters, Wellington, 2010). Tennent D Accident Compensation Law
(Lexis Nexis, Wellington, 2013).
Dawson J and Gledhill K (Eds) (2013) New Zealand’s Mental Health Act in Practice (Victoria University Press, Wellington, 2013).
Paterson R The Good Doctor (University of Auckland Press, Auckland, 2012).
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning
system. 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 re­disseminated 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
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 protected] or call 838 4008.
WORKLOAD
Students should expect to spend 200 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 more­focused research time in the preparation of
assignments.
PAPER APPRAISAL
Students requested that the block course be spread across a longer period and the schedule has been amended. The Faculty has
ensured that there are no scheduling conflicts with other courses. Also, students have requested that the test be simultaneously offered
at the Tauranga Campus and this has been requested.
ADDITIONAL INFORMATION
No electronic devices are allowed in any internal tests or exams.
If you wish to submit your Internal Assessment in Māori, you need to obtain an application form from the Law Reception at least 14
days before the assessment is due.
If you wish to apply to write your official exams in Māori, you need to complete the official application form from the University’s
Assessment Office.
(refer to the Policy on the Use of Māori for Assessment in the University Calendar)
REFERENCE TO UNIVERSITY REGULATIONS
Your attention is drawn to the following regulations and policies, which are published in the University Calendar:
Assessment Regulations 2014 (http://calendar.waikato.ac.nz/assessment/assessment.html)
Change of Enrolment Regulations 2012 (http://calendar.waikato.ac.nz/admission/changeofenrolment.html)
Computer Systems Regulations 2005 (http://calendar.waikato.ac.nz/policies/computersystems.html)
Policy on the Use of Māori for Assessment (http://calendar.waikato.ac.nz/assessment/useofmaori.html)
Ethical Conduct in Human Research and Related Activities Regulations 2008
(http://calendar.waikato.ac.nz/assessment/ethicalConduct.html)
Student Research Regulations 2008 (http://calendar.waikato.ac.nz/assessment/studentresearch.html)
REFERENCING GUIDELINES AND CAUTION AGAINST PLAGIARISM
Plagiarism means presenting as one’s own work the work of another, and includes the copying or paraphrasing of another person’s
work in an assessment item without acknowledging it as the other person’s work through full and accurate referencing; it applies to
assessment (as defined in the Assessment Regulations presented through a written, spoken, electronic, broadcasting, visual,
performance or other medium.
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The Student Discipline Regulations are found in the online Calendar and further information at the Student Discipline Website. The
Library (http://www.waikato.ac.nz/library/) a n d Student Learning (http://www.waikato.ac.nz/students/student­learning/) are valuable
resources to assist you with your studies at the University.
HEALTH AND SAFETY
In the event of the continuous sounding of sirens or ringing of alarms, all occupants of the building must evacuate in an orderly and
timely manner by the nearest exit to an area away from the building and clear of the roadway. They should not attempt to carry
cumbersome equipment and personal belongings. The building cannot be re­entered until the all clear is signalled by the Fire Service or
Building Warden. Lifts must not be used during an evacuation.
Sitting at your computer for long periods has the potential to impact on your physical wellbeing. Careful attention should be paid to
seating and the height of your desk so that your feet are able to sit flat on the floor and your elbows, hips and knees are at right angles.
It is suggested that regular breaks are taken and activities are alternated to avoid staying in one position for too long.
If you hear a siren from the emergency blue boxes placed around campus, listen and follow the instructions carefully.
Students who are under the influence of drugs or alcohol may be refused right of entry, or may be asked to leave the class or lab.
CLASS REPRESENTATION
The University’s Class Rep Administrator can be contacted on 837 9312 or email address: [email protected]. Further
information can be found at the Class Rep Website (https://sites.google.com/a/waikato.ac.nz/class­reps/).
COMPLAINTS PROCEDURES
The Student Complaints Procedures Website (http://calendar.waikato.ac.nz/policies/studentcomplaints.html) provides details of the
University’s process for handling concerns and complaints.
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