Law for New Zealand

Business

Introduction

Law for New Zealand Business week 1 1

 Law for New Zealand
Business
 Teaching
 Assessment
 References
 Group organisation
 Just a little mini-quiz refresher
 Coverage- overview

Law for New Zealand Business week 1 2

 Law for New Zealand
Business
 The constitution
 Common law heritage
 Treaty of Waitangi- importation of
Maori concepts into statute
 Growth of statutory law reform
 Influence of other non-English legal
systems and concepts

Law for New Zealand Business week 1 3

 Law for New Zealand
Business
 Constitution
 Unwritten
 Relative law-making powers
 Role of conventions
 Bill of Rights Act 1990

Law for New Zealand Business week 1 4

 Law for New Zealand
Business
 Legal system- features
 Law “separated” into various types
 Separation relates to
social/political/economic expectations
and changes
 Statutory change often accelerates
change
 Statutory change tends to be
jurisdiction specific but MAY be
affected/ influenced by changes
elsewhereLaw for New Zealand Business week 1 5
 Law for New Zealand
Business
 Main divisions- product of:
 Criminal
 Mens rea/actus reus- murder, robbery, arson
 Status offences- drug possession, pollution, fire
arms
 Civil
 Rights and obligations
 Contract
 Connection (duty of care)
 Organisational relationship
 Statute/ society

Law for New Zealand Business week 1 6

 Law for New Zealand
Business
 Written (statutory or black letter)
law
 Parliament- relationship between
legislative and executive branches
 Electorate- voting system
 Influence and position of subordinate
legislators
 Eg. Securities Commission
 Eg. Governor General in Council

 Eg. Local authorities (Auckland City

Council) Law for New Zealand Business week 1 7
 Law for New Zealand
Business
 Common (unwritten or judge-
made) law
 Courts:
 Structure
 Role and position of tribunals

 Doctrine of stare decisis

 Proposed changes

 Responsibilities and relationship with

Parliament and Ministers

Law for New Zealand Business week 1 8

 First area
 Contract- law of obligations in the
setting of a specific, common law
based, statutorily modified
situation
 General law relating to contract
 Law relating to special contracts
(later in the semester)

Law for New Zealand Business week 1 9