ENVP403-17A (HAM)
Legal Principles and Processes for Planners
20 Points
Staff
Convenor(s)
Pip Wallace
9167
HI.2.03
To be advised
pwallace@waikato.ac.nz
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Librarian(s)
You can contact staff by:
- Calling +64 7 838 4466 select option 1, then enter the extension.
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Extensions starting with 4, 5 or 9 can also be direct dialled:
- For extensions starting with 4: dial +64 7 838 extension.
- For extensions starting with 5: dial +64 7 858 extension.
- For extensions starting with 9: dial +64 7 837 extension.
Paper Description
The purpose of this paper is to provide students with sufficient background and skills in environmental and resource management law, to enable them to be effective participants in resource management processes.
Paper Structure
Learning Outcomes
Students who successfully complete the course should be able to:
Assessment
Assessment is designed to assist in achieving the specified learning objectives and meeting the intent of the graduate profile. Class discussion and lecture sessions will also contribute to these ends. The course-work to exam ratio is 1: 0.
Assessment 1 and 2: Presentations The class will be partially taught using the case law method. Each student will have a decision assigned to her/him and will be required to make an oral presentation to the class worth 30% of the final grade. Completion of the presentation is a compulsory requirement of the course.
Grading criteria for presentation The presentation will be marked using the Presentation Appraisal Sheet available on the Moodle site for this paper. Students will be appraised on both the substance of the report back and presentation skills. The matters listed in the appraisal sheet give an indication of the presentation skills assessed. In terms of substance, the following matters will also be critiqued:
- Understanding and explanation of the facts
- Understanding and explanation of the central legal issues raised in the decision
- The logical structure and organisation of the key facts and issues
- The quality of the written presentation
- The clarity of the written presentation
- Appropriate citing of sources
- Accuracy of spelling and grammar
Assessment 3: Decision summaries The decision summaries consist of simple summaries of the judicial decisions contained in the course readings, over a 10 week period (weeks 2-11 inclusive). The objective of this assessment is to ensure that students have read the decisions prior to coming to class. Some of the detail may be too difficult to understand, particularly in the early stages of the class. The point of the summaries is to get you used to reading the decisions extracting the main points and becoming familiar with the language and the method. Summarisation is recognised as an important skill for a professional planner. The requirements for the assessment are as follows:
- Summaries to be completed each week in advance of the decisions being discussed in class- starting week 2
- Summarise the main facts of the decision
- Summarise key legal issues
- 10 lines per decision font size 10
- 2 additional lines of personal comment or question
- Hand-in at the beginning of each class
- Time period week 2-11 (10 weeks of summary)
- 10% of course mark – 1% for 10 weeks
- In a week where a student is also doing an oral presentation, only the decision which is not the subject of the presentation need be summarised by the student
- Extensions rare, as point of summary is to prepare for class. Late summaries will not be marked
Marking criteria considers:
- Level of understanding of decision
- Succinct encapsulation of main facts and issue
- Written expression and grammar
- A top mark is awarded for those who identify the main legal issues and show an understanding of why the decision is important.
- Marks will be deducted for exceeding the line limit
Assessment 4: Decision review and commentary
You will write one review for this paper. It is worth 30% of your final grade. The word limit is 1000 words. Material in excess of the 1000 word limit will not be marked. The review is a compulsory part of your assessment and in order to gain a credit for the paper you must complete it.
This assessment task requires you to locate any New Zealand court decision on a matter pertinent to planning/resource management and to provide a review of the decision. 500 words should be dedicated to introducing and summarising the main facts, legal issues and the decision of the court. The balance 500 words should be applied to critically analysing the decision and providing your own original commentary upon the matters decided. Your commentary is not restricted to matters at law but may also concern the social, cultural, economic or environmental context or implications. You may choose any form of media to communicate 1000 written words, provided that the piece of work is readily markable by Pip and the written words are clear. Prior to commencing the work you are requested to have your choice of media approved by Pip. You may choose if you wish to create your own fictional persona, and audience, for example a council manager explaining a decision to councillors, a presentation at a hui or to kaumatua, or a local surfer explaining a decision to a community interest group. A song, a poem or a straightforward essay or report. Its your choice. Your review will be assessed according to how well it:
- addresses the assessment task;
- has a clear and accessible structure;
- shows an understanding of the matters at issue and their context;
- involves sound reasoning, and clearly relates to matters at issue in the decision;
- uses concepts and terms correctly;
- shows original thinking and creativity
- uses correct spelling, grammar, & punctuation
The review will be handed in hard copy through FIC unless otherwise arranged with Pip Wallace
Assessment 5:Test The remainder of the formal assessment will consist of a compulsory review test in the study week at conclusion of the course. The test is worth 30% of the course grade
Assessment Components
The internal assessment/exam ratio (as stated in the University Calendar) is 1:0. There is no final exam.
Required and Recommended Readings
Required Readings
The readings for 2017 will be available electronically through the electronic Waikato Reading Lists (https://waikato.rl.talis.com/lists) rather than in hard copy in an effort to limit student cost and make use of the new electronic system. It is recommended that the decisions to be summarised and presented each week are printed out by students each week to use in class, or alternatively brought to class in electronic form as sections of the decisions are often examined carefully in class. Students have the choice as to which would best suit their needs.
Students should also obtain a copy of the Resource Management Act 1991. A pdf version is available on Moodle. A hard copy is not recommended as the RMA is subject to ongoing changeOnline Support
Workload
This paper is held in the A Semester. It has two contact hours weekly. Attendance at class is compulsory as work will be covered that is not available outside of the session. If for some unforeseen reason you are unable to attend class please email Pip in advance with your explanation. For a 20 point paper it is expected that a student complete 200 learning hours. On the basis of a 16 week semester (including recess and study periods) a student should spend around 12.5 hours a week on average working on this paper. This includes attending classes, completing assessed work, reading and thinking. In the fourth year student self-directed learning is an important component of the year’s work, and it is very important to set aside sufficient time to complete all assessment in advance of class and assessment hand-in. Some students may also need to spend considerable additional time to make sure core concepts are in place.
Linkages to Other Papers
Prerequisite(s)
ENVP305, ENVP306, ENVP307 and ENVP308.
Restriction(s)
ENVP503 and LAWS434