Details

Source: https://study.auckland.ac.nz/ords/r/uoa/catalogue/course?p6_code=LAWPUBL%20736 Parent: https://www.auckland.ac.nz/en/study/study-options/find-a-study-option/master-of-disaster-management-mdismgt.html

Content

Course Tabs

• Overview
• Teaching and Learning
• Assessment and Learning Outcomes
• Student Feedback, Support and Charter

Overview

Course Prescription

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.

Course Overview

The course will focus on how human rights claims are litigated and resolved by courts in New Zealand. This will include comparisons with human rights litigation in countries that have constitutional bills of rights such as Canada and the United States, and those with bills of rights broadly similar to ours, such as the United Kingdom. The use of international human rights law in resolving domestic controversies is also considered, as is the bringing of claims to international treaty bodies.

We will address the nature of the judicial function – the role played by courts in the constitutional order. We will give in-depth consideration to how cases are constructed and argued, discussing arguments submitted in actual cases and considering various litigation strategies, including the role played by intervening parties. We will also consider the Maori dimension of news, including the relevance of the Treaty of Waitangi and tikanga Māori to rights controversies.

The focus is on the rights in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. We will not limit ourselves to the formal litigation paradigm. We will also consider the way in which legislators may address contested human rights in the course of legislating.

We will address a number of contemporary issues in human rights law, both in New Zealand and internationally, including the right to vote, personal liberty and security, freedoms of expressions, conscience and religion, freedom from arbitrary detention and the right to administrative justice.

Workload Expectations

This is an intensive 30-point course taught over five working days. There will be around 40 hours of lectures/seminars in this course. As a general guide you should expect a workload of four hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours.

Advice on Course Limits

This is a limited entry course: there is a limit on the number of enrolments due to staff or space capacity. In cases where the courses is taught under two separate codes (e.g. concurrently taught courses, general education courses) the course limit specified is the total across both versions of the course. For more information, please see the Programme and Course Limitations section of the University Academic and General Statutes and Regulations.

Locations and Semesters Offered

Teaching and Learning

Campus Experience

Attendance is expected over the five day intensive and the class proceeds with student presentations and discussions in a seminar style. The classes will include breakout discussions in groups (one or two each day). Because the course is designed to be participatory, it depends upon students being personally present and contributing. The discussions will often go in interesting directions precisely because of the contributions of the class and we encourage everyone to participate with thoughtful questions and comments.

The normal expectation is that students will select their research topic during the course, based on particular aspects of the course that they find especially interesting and wish to pursue.

The classes will not be available as recordings. The course will not include live online events.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including reading lists and lecture recordings (where available). Please remember that the recording of any class on a personal device requires the permission of the instructor.

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license.

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You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

• Honesty - in all aspects of research work
• Accountability - in the conduct of research
• Professional courtesy and fairness – in working with others
• Good stewardship – on behalf of others
• Transparency – of research process and presentation of results
• Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

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Assessment and Learning Outcomes

Course Learning Outcomes

Assessments

Assessment to CLO Mapping

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions. Your feedback helps teachers to improve the course and its delivery for future students. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Additional Information on Student Feedback

Course assessment has been altered, with a reduced percentage for the research paper and reflection added.

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due. If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page. This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.

Course - V6

LAWPUBL 736 - Human Rights Litigation - Level 9 - V2.7 - Effective From: Summer Semester 2025 (Published: 2025-10-27)