LES501 Introduction to the Legal System Assessment 1

Weighting 

20%

Learning Outcomes

• Discuss key features of the New Zealand legal system.
• Apply the basic principles of tort law including the tort of negligence.

Instructions

Complete and submit your assessment according to the Open Polytechnic’s Assessments webpage. This includes information on academic integrity, formatting, word limits and referencing.

• Include your name, student number and the assessment number.
• Number your pages

Submission

• Submit your assessment in one file.
• Submit your work through your iQualify course.
• Emailed assessments will not be accepted.
• You will receive an automated notice advising you of your successful submission

By submitting your assessment, you confirm that it is your own, original work.

Task 1: How Parliament makes law and the New Zealand Constitution Scenario 1

You are a business consultant. A group of small business owners approached you with questions about a proposed new law restricting the language that can be used in advertising and marketing if it refers to particular age, ethnic or religious groups. The law would:

• prohibit the use of any vocabulary that refers to any age, ethnic or religious groups
• require businesses to have their advertising material checked by an authority before it is used
• provide a transition period for businesses to change any existing advertising or marketing material.

The small business owners are concerned about the potential impact of the proposed law on their business and have emailed you the following questions:

• We would like to provide feedback on the proposed law to ensure it doesn’t negatively impact our businesses. How can we do this?
• What rights protected under the New Zealand Bill of Rights Act 1990 could potentially be affected by a proposed new law restricting the language that can be used in advertising and marketing, and how might these rights be balanced against the societal benefits of such a law?

1. Write a response to their questions, including the following:

a. Outline the process for the passing of legislation and state at what point this group of small business owners may be able to submit comments. In this situation, assume the bill has already been introduced. Your answer should demonstrate a clear understanding of the difference between a Bill and an Act.

(10 marks)

b. You know that laws can be categorised as, for example, substantive, procedural, private and public law. Explain how this law would be categorised.

(4 marks)

c. Explain how the provisions of the new law may breach the New Zealand Bill of Rights Act 1990. Identify and explain the section of the New Zealand Bill of Rights Act 1990 that permits this breach.

(6 marks)

(Word count guideline: 300 words)

(Question 1 total: 20 marks)

Following your response, they emailed you with more questions:

• We have heard that the concept of the separation of powers is important in relation to how the new law will be applied in New Zealand. What does this mean?
• We have also heard that the New Zealand Bill of Rights Act 1990 could impact on the contents of the new law and how it will be applied by the courts. What effect could this law have?
• The local iwi has told us that they are concerned about the proposed law, as businesses in their community will very likely lose a lot of revenue as a result of this law. Can the government ignore these concerns? Is the government obliged to consider their concerns?
• We understand that the new Act will provide the opportunity for local governments to make their own type of legislation as to the content of advertising in our area. What kind of legislation would this be, and will it be binding on us if we are part of a different district?
• Can you please show us two examples of types of rules that local governments could impose for this type of legislation?

2. Write a response to the small business owners’ questions. In your response to the small business owners, make sure that you address the following matters:

a. Briefly outline what is meant by the separation of powers and the functions that each ‘power’ will have in relation to the new law.

(5 marks)

b. Explain s4 – 7B of the New Zealand Bill of Rights Act 1990 in your own words. Identify which branch(es) of government each section applies to.

(15 marks)

c. With reference to the principles of the Treaty of Waitangi, state why it is constitutionally important to consider the interests of Māori in the community. Identify one general measure and one specific measure that could be included in the new legislation to help protect the interests of Māori.

(10 marks)

d. Describe what kind of legislation local governments could make and whether this type of legislation would be binding on members of the small business owners group if they are part of a different district.

(5 marks)

e. Provide two examples of types of rules local governments may be able to impose for this type of legislation (you can assume an appropriate enabling provision is included in the legislation).

(5 marks)

(Word count guideline: 600 words)

(Question 2
total: 40 marks)

Task 2: Tort law Scenario

Safia Smith owns an organic fruit shop in a small town. Next to her fruit shop is a shop owned by Afa Alexander. Afa has a high-end shop selling luxury fabrics and wallpaper. Safia decides to erect a small awning in a private lane alongside her shop so she can display fruit under shade. She contacts Trevor, who operates a shopfitting business and he agrees to do the work.

The next day Trevor arrives to undertake the work. Safia shows him the spot and points out Afa’s shop next door, on the other side of the lane. The two of them have a chat with Afa and Trevor advises that he will be doing some welding to construct and erect the awning, but since he will be working outdoors, the risk posed by welding fumes is minimal. Still, he recommends that they stay away from the area while he is working. He puts a safety barrier around the area to keep people out.

While Trevor is welding his phone rings. It is his sister calling from a cafe nearby with about his mother who is in hospital. He puts the welder down and rushes to meet his sister. In his haste, he knocks over the safety barrier. Trevor doesn’t notice that the barrier hits the welder, which is not properly turned off. A fire starts.

When Trevor returns to the scene, the fire has spread to Afa’s shop. Afa and Safia are desperately trying to move rolls of fabric and wallpaper out of the shop and to put the fire out. Trevor grabs a fire extinguisher from his van, which immediately puts the fire out.

Unfortunately, it is too late to save 150 rolls of fabric and wallpaper. Included in the ruined stock are two rolls of rare fabric embossed with gold that Afa had bought for a client, and which are valued at $100,000 per roll. The rest of the damaged stock is worth around $150,000 in total. In addition, Afa’s shop window will need replacing and his shop will need to be repainted and re-carpeted. Afa wishes to claim these losses from Trevor.

Note: For both tasks, we are not interested in Health and Safety at Work Act matters. Rather, your focus should be on the elements of the tort of negligence only. Also, do not allow yourself to be distracted by insurance here. You can assume that none of the parties had insurance.

1. Determine whether Afa’s claim against Trevor is likely to succeed. Referring to two relevant cases, apply the elements of the tort of negligence. The elements you need to cover include:

a. Whether a duty of care is owed.

(14 marks) 

b. Whether the duty of care was breached.

(8 marks) 

c. Whether loss resulted from the breach.

(10 marks)

d. State your conclusion at the end of your answer.

(2 marks)

e. Make sure that you identify a suitable principle from each of the two cases you select and correctly apply these to the scenario.

(6 marks)

(Word count guideline: 600 words)

(Task 2 total: 40 marks)

LES501 Assessment Marking Schedule