LAWS416­16A (HAM)
Judicial Review
10 Points
FACULTY OF LAW
TE PIRINGA
STAFF CONTACT DETAILS
CONVENORS
Trevor Daya­Winterbottom
Phone ext: 8812
Room: LAW.G.64
Office Hours: By appointment ­ please email
Email: [email protected]
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Judicial Review
10 Points
INTRODUCTION
Judicial Review is concerned with the legal regulation of governance. It is the quintessential example of the study of law in context since
its establishment as a subject for university study following the publication of Stanley de Smith's Judicial Review of Administrative
Action in 1959.
PAPER DESCRIPTION
An examination of selected aspects of the statutory and common law grounds on which judicial control may be exercised over those
who wield administrative powers.
The objective is to provide students with a detailed understanding of judicial review and the legal regulation of governance, including,
statutory and common law grounds on which actions may be based, relevant aspects of procedure, and the public law remedies
available for aggrieved persons.
PAPER STRUCTURE
This is a half­year paper taught in Semester A. The teaching component comprises 12 lectures.
TIMETABLE
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers.
Attendance is therefore required for satisfactory completion of the paper.
LECTURES
Name
Time
Room
Lecture 1
Mon, 12:00 PM ­ 2:00 PM
S.1.03
LEARNING OUTCOMES
Students who successfully complete the course should be able to:
develop a sound understanding of the contribution made by New Zealand to the development of judicial review in common law
jurisdictions
develop a sound understanding of the evolving case law developed by the New Zealand Supreme Court
apply administrative law principles to a range of practical and academic problems.
ASSESSMENT
School procedures for the presentation 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. See also paragraph 12 on referencing guidelines and plagiarism.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
The page limit for Assignments 1, 2, 3 and 4 is 4 pages per assignment, excluding the cover page and bibliography. All
written assignments should be referenced using footnotes and include a bibliography.
INTERNALLY ASSESSED COMPONENTS
The internal assessment/exam ratio (as stated in the University Calendar) is 1:0. There is no final exam.
Due Date
Time
Percentage
of internal
mark
1. Assignment 1
18 Mar 2016
12:00 PM
25
✔
2. Assignment 2
8 Apr 2016
12:00 PM
25
✔
3. Assignment 3
13 May 2016
12:00 PM
25
✔
4. Assignment 4
3 Jun 2016
12:00 PM
25
✔
Component Description
Internal Assessment Total:
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100
Submission Method
Compulsory
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Failing to complete a compulsory assessment component of a paper will result in an IC grade
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.
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
EXTENSIONS
Students are required to complete and submit all internal assessment 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 in 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) 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 Resource Room, 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 supervening 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 Resource Room 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 2013 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 the Resource Room.
TOPICS
Case Study 1
Case Study 2
Case Study 3
Case Study 4
Case Study 5
Case Study 6
Case Study 7
Case Study 8
Case Study 9
Case Study 10
Case Study 11
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10 Points
Case Study 12
SCHEDULE
Week
Paper
Week
Beginning
University
Topics
1
9
Mon 29 Feb
Case Study 1
2
10
Mon 7 Mar
Case Study 2
3
11
Mon 14 Mar
Case Study 3
4
12
Mon 21 Mar
Case Study 4
5
13
Mon 28 Mar
Case Study 5
6
14
Mon 4 Apr
Case Study 6
7
15
Mon 11 Apr
Case Study 7
8
16
Mon 18 Apr
Teaching Recess Week
9
17
Mon 25 Apr
Teaching Recess Week
10
18
Mon 2 May
Case Study 8
11
19
Mon 9 May
Case Study 9
12
20
Mon 16 May
Case Study 10
13
21
Mon 23 May
Case Study 11
14
22
Mon 30 May
Case Study 12
15
23
Mon 6 Jun
Study Week
16
24
Mon 13 Jun
Exam Week
17
25
Mon 20 Jun
Exam Week
18
26
Mon 27 Jun
Teaching Recess Week
Additional Information
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 edition, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $21.85 incl GST.
In addition to the texts identified below, the Law School requires that students purchase the course materials book(s) for this paper.
These are available from Waikato Print.
RECOMMENDED READINGS
Joseph, P Constitutional and Administrative Law in New Zealand (2014); or
Taylor, GDS Judicial Review: A New Zealand Perspective (2014).
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
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10 Points
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 100 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.
LINKAGES TO OTHER PAPERS
PREREQUISITE(S)
LAWS206
PAPER APPRAISAL
Student feedback has been consistent in its desire for the case study approach focused on 12 leading NZ Court of Appeal decisions to
be retained as the mechanism for exploring the concepts of Judicial Review at advanced level.
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. The Student Discipline Regulations are found in the online Calendar and further information at the
S t u d e n t D i s c i p l i n e W e b s i t e . T h e Library (http://www.waikato.ac.nz/library/) a n d S t u d e n t L e a r n i n g
(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.
CLASS REPRESENTATION
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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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