Detailed study of contemporary private law issues in the context of commercial litigation, with a dual focus on substance and litigation practice. Topics (selected based on recent cases) will include discrete legal issues across areas like contract, equity, tort and restitution.
Special Topic
Special Topic
A study of the general principles of the law of restitution, including an analysis of the concept of unjust enrichment, selected applications of restitutionary principle for the recovery of value upon a flawed or conditioned transfer, recovery outside contract for labour expended on another's behalf, and stripping wrong-doers of profits.
An introduction to private international law (i.e., the body of law dealing with international civil or commercial issues or disputes that are not governed by substantive conventions) including: a study of the jurisdiction of the New Zealand courts, recognition and enforcement of foreign judgments and decrees, and choice of the governing legal system.
Introduction to the concepts and legal rights associated with personal property, covering: possessory rights and relationships, including bailment, reservation of title and security interests in goods, and principles relevant to the transfer and acquisition of personal property.
An examination of the law regulating the promotion of companies, duties and liabilities of directors and promoters for the promotion of a company, public fund raising in New Zealand, insider trading laws and takeovers, and limited liability partnerships.
A general introduction to tax law including: aspects of tax policy; the structure of the tax system; residence; source; the meaning of income; the deductibility of expenditure; the distinction between capital and revenue; depreciation; avoidance; disputes and rulings; GST.
Study of the law relating to international trade and transnational business transactions, including international sales contracts and international trade finance, and conflict of laws issues arising out of international trade.
A more advanced study of tax law covering topics such as tax history; tax theory; the taxation of companies; dividends; imputation; groups; losses; qualifying companies; trusts; withholding obligations; accruals; avoidance; international tax; profit reduction techniques; transfer pricing; controlled foreign corporations (CFCs); foreign investment funds (FIFs); tax treaties.
The law and procedure relating to the settlement of domestic and international commercial disputes by arbitration, including a study of key arbitration principles, governing law issues, appointment and duties of arbitrators, the conduct of proceedings, enforcement and judicial review of awards, and international investment arbitration.
A study of the principles of competition law in New Zealand including the effect on competition law of the CER Agreement with Australia. Comparison with the competition laws of other countries including the United States, the European Union and Australia.
Examination of the legal process by which companies are placed in liquidation including: the law on corporate insolvency, and the procedures and the enforcement mechanisms used to give effect to the law; current law and new approaches to insolvency.
A consideration of the law governing insurance contracts, including the duty of utmost good faith; the interpretation of the policy; the scope of cover; warranties and conditions; the claims process and fraudulent claims; and quantification of the insurerβs obligations; subrogation and recoupment; and third party rights.
Study of the law relating to international trade and transnational business transactions; contracts of carriage; the law and policy surrounding the regulation of the international transportation of goods by sea, land and air.
An introduction to the use of information systems in legal practice and research and the impact of the law on information technology including: computer crimes, torts, intellectual property, evidence, privacy, and the assistance given to lawyers by information retrieval, office management and litigation support systems.
A study of the law relating to contracts for the sale and purchase of land, including the formation of the contract, the application of relevant statutes, the basic terms of such contracts and their significance, matters of title, settlement and completion, and remedies for breach.
An introduction to shipping law, including an overview of the contracts commonly used for maritime activity; charterparty contracts for the use of ships; contracts for the carriage of goods with a focus on bills of lading; New Zealand domestic legislation relevant to maritime activity; marine insurance; admiralty jurisdiction and the practice of Admiralty law; collision between vessels; the law of salvage, general average and towage.
Explores in depth issues touched on in LAW 231 and introduces new causes of action. Topics will include some or all of the following: the recovery of economic loss in negligence, negligent misrepresentation, vicarious liability, factual causation, nonfeasance, the economic torts, the effect of statutes and contracts on the law of tort, and damages.
A study of corporate transactions in operation, with particular reference to the legal and practical processes involved in the formation and implementation of such major business transactions as are typical in the life cycle of a business. The particular transactions focused upon may vary from year to year.
An in-depth examination of the law of copyright and registered designs in New Zealand and Australia, including the relationship between copyright and design protection.
Advanced studies in selected areas of Contract Law.
Study in selected areas of company law including theories of the company, companies viewed from a law and economics perspective, the relationship between the board and shareholders, the place of corporate social responsibility, comparative corporate law and current issues in company law.
An examination of the common governance structures employed by iwi, why those structures are chosen and the legal and practical issues that arise as a result. Aspects of the law related to trusts, limited partnerships, charities and MΔori Authorities, and how they may be interwoven within one overarching structure.
The globalisation of business presents a significant challenge to governments and revenue authorities and opportunities for multinational businesses to be able to locate productive activities, risks, and importantly, profits to any jurisdiction that they wish. This course looks at cross border taxation with emphasis on double tax treaties.
Examines the law applicable to the lifecycle of a construction and/or infrastructure project, including foundational concepts; the project; post-project claims and latent defects. Covers the statutory and regulatory framework, the contractual matrix, and the law of tort, equity and limitation (as these are applicable to construction and infrastructure projects). Covers legal concepts and jurisprudence unique to construction law.
A study of the law relating to commercial and consumer law including: the general regime on the sale of goods and its contrast to the Consumer Guarantees Act 1993, selected aspects of carriage of goods and of agency, and the basic disciplines of the Fair Trading Act 1986.
A detailed study of the law relating to securities over personal property, and related aspects of credit contracts.
An in-depth examination of selected aspects of consumer law, including (but not limited to) misleading and deceptive conduct, other unfair practices, unfair contract terms in standard form consumer contracts, consumer guarantees and uninvited direct sales.
Study of the laws which protect the products of intellectual endeavour including: passing-off (and section 9 Fair Trading Act), the Trade Marks Act, the Copyright Act, the action for 'breach of confidence', the Designs Act and the Patents Act.
A study of New Zealand corporate insolvency law, focusing on the commencement of the liquidation and administration process, the inter-relationship of those processes and liquidatorsβ and administratorsβ powers and liabilities. Topics covered: reckless trading and recovery from directors, the disclaimer of onerous contracts and voidable transactions. Comparative material will be drawn from Australian, Canadian and United Kingdom jurisprudence.
Australian and New Zealand law relating to patents, including patentable subject matter, ownership, inventorship, validity requirements, patent specification requirements and the law governing infringement. The law relating to the protection of confidential information. A brief introduction to the law relating to plant variety rights.
An examination of the law related to the protection of registered trade marks in Australia and New Zealand. Other legal mechanisms that protect symbols, including the law of passing off, consumer protection legislation, special events legislation and the law relating to geographical indications and domain names.
A general introduction to the law relating to companies incorporated under the Companies Act 1993 including the nature of corporate personality, the organisation of decision-making within companies, the making of contracts by companies, the duties of directors and the rights and remedies of shareholders.
Survey and analysis of the main schools of thought and positions in contemporary contract law theory, including: promise theory, transfer theory, economic analysis, communitarian theories and distributive justice theories. Examination of key questions in contract law, such as formation, interpretation and remedies in light of said theories.
An introduction to the law regarding guarantees and indemnities in New Zealand. The course will mainly focus on guarantees, although indemnities will also be covered.
Examination of the diverse and seemingly unrelated areas of the law as they concern the rights of unsecured judgement creditors.
A consideration of the role of takeovers in the economy and the manner in which they are regulated. The principal focuses will be upon the Takeovers Code and upon the workings of the Takeover Panel.
Introduction to the concept of franchising including definitions and alternatives, advantages and disadvantages, the business format franchise model, intellectual property protection, elements of a franchise agreement, cartels legislation and its impact, covenants against competition, unconscionable conduct, unfair contract terms, mediation, and international franchising.
Provides a theoretical background and detailed technical knowledge of the scope and application of the most significant regimes for income, deduction and timing in the Income Tax Act 2007. Involves individual research resulting in a substantial individual research essay.
A comparative study of negotiation, litigation, arbitration and mediation in commercial contexts; New Zealand law relating to arbitration, international arbitration; and the operating and utility of mediation in commercial contexts. Involves individual research resulting in a substantial individual research essay.
Advanced studies in competition law and its application to international transactions and commercial relationships, with comparative study of New Zealand law with that of other countries. Involves individual research resulting in a substantial individual research essay.
An advanced study of private international law, including a study of the jurisdiction of the New Zealand courts and arbitrators, the recognition and enforcement of foreign judgments and decrees and arbitral awards, and choice of the governing legal system.
The principles of the law as to corporations with special reference to companies, directorsβ duties and the status and rights of shareholders. Involves individual research resulting in a substantial individual research essay.
The history and current practice of dispute resolution outside the courtroom, dispute settlement theories, and the principles of negotiation and mediation in the context of family, commercial, environmental, international and urban community disputes.
Aspects of the law protecting the products of intellectual endeavour selected from: the law of trade marks and passing off, the law of copyright, patent law and the law of breach of confidence. Involves individual research resulting in a substantial individual research essay.
The principles and operation of the law relating to insurance. Involves individual research resulting in a substantial individual research essay.
The law and practice of drafting patent specifications to accompany patent applications. Involves individual research resulting in a substantial piece of research writing.
Advanced study in the law relating to business and corporate acquisitions and corporate mergers, takeovers and amalgamations, including issues affecting choice of method, directorsβ duties, and public and private regulation. Involves individual research resulting in a substantial individual research essay.
Level 9
Technical and practical aspects of the law of secured transactions. Involves individual research resulting in a substantial individual research essay.
Advanced study of selected aspects of civil remedies for breach of civil obligations including those arising at common law and under statute, and discretionary relief in equity, and the assessment of damages and compensation. Involves individual research resulting in a substantial individual research essay.
Selected topics in taxation including: works of some of the great tax theorists and their relevance to modern tax policy formulation; current debates on questions of tax policy; aspects of international taxation; aspects of international tax planning. These are examined by reference to the tax systems of a variety of jurisdictions (such as New Zealand, the UK, the USA, Hong Kong and China). Involves individual research resulting in a substantial individual research essay.
Selected topics in the application of judicial review and other parts of public law in commercial contexts. Involves individual research resulting in a substantial individual research essay.
A comparative study of evolving global and New Zealand standards governing data privacy, the challenges they face from technological developments and the implications for business, government.
Detailed study of the law relating to corporate finance. Involves individual research resulting in a substantial individual research essay.
A study of the law relating to franchising. Involves individual research resulting in a substantial individual research essay.
Practice - Level 9
The theory and practice of transnational jurisdiction, choice of law and recognition and enforcement of foreign judgments. Involves individual research resulting in a substantial individual research essay.
An in-depth and detailed examination of the main intellectual property rights and laws and the complexities of their operation within the broader context of the New Zealand and Australian legal systems, including Te Tiriti o Waitangi, its place in the New Zealand legal system and its impact on intellectual property law.
The governance of companies in New Zealand, with a focus on the role of directors and the board. Topics include corporate theory, legal characteristics of the company and internal governance. Involves individual research resulting in a substantial individual research essay.
A comparison of corporate governance regimes across the world. Current issues in corporate governance are examined β topics may include directorsβ remuneration, corporate scandals and responses to corporate scandals. Discussion of convergence of corporate governance regimes is included. Involves individual research resulting in a substantial individual research essay.
Tests of residence for individuals and corporations. The wider tax base for off-shore income of New Zealand residents. Income derived by overseas residents from New Zealand activities. The Double Tax Treaty System. Selecting the country of residence. Anti-avoidance measures directed at transnational activity. The use of tax havens. As well as New Zealand taxation law, the course also examines the municipal revenue law of some of our trading partners. Involves individual research resulting in a substantial individual research essay. A and B
Environmental Responsibility - Level 9
An advanced study of the tax liability and issues affecting companies and their shareholders. Considers the different corporate tax regimes, including dividends, imputations, losses and groupings, amalgamations, LTCs and Unit Trusts. Comparison with other entities is intended to provide a deeper understanding of the policy behind New Zealand's corporate tax regimes and the allocation of the tax burden between companies, shareholders and other investors.
The law and practice of filing and registering trade mark applications in New Zealand, Australia and other international jurisdictions. The law and practice of maintaining and enforcing registered trade mark rights.
An advanced study of all aspects of the general anti- avoidance provision contained in the Income Tax Act 2007. Provides a detailed analysis of the structure, function and application of the general anti-avoidance provision and of its relationship to the "black-letter" tax law. Comparisons with the statutory and common law responses to tax avoidance in other jurisdictions, including Australia, Canada, the UK and US provide a deeper understanding of the policy behind New Zealand's general anti-avoidance provision.
Examines all of the tax consequences of acquiring, holding, developing, building on, leasing or otherwise dealing with land and personal property.
The law and practice of obtaining, maintaining and enforcing patent rights in New Zealand, Australia and other international jurisdictions.
An advanced study of the Public Law and procedural issues arising from administration of the Revenue Acts in New Zealand. Provides an analysis of the powers, discretions and responsibility of the Commissioner and the Inland Revenue Department. Major topics include the Department's assessment function and taxpayer self-assessment, the Binding Ruling regime, the Commissioner's statutory powers of investigation and information gathering, the exercise of discretions and administrative decisions, and the role of judicial review.
An advanced study of the tax liability of different business structures and their members, particularly non-corporate entities. Considers the different tax regimes applicable to trusts, partnerships and limited partnerships, Portfolio Investment Entities (PIEs), charities and MΔori authorities. Comparison between these entities provides a deeper understanding of the policy behind New Zealand's tax regimes and the allocation of the tax burden between companies and other entities.
The law and practice of drafting patent specifications to accompany patent applications.
Australian and New Zealand law relating to patents, including patentable subject matter, ownership, inventorship, validity requirements, patent specification requirements and the law governing infringement. The law relating to the protection of confidential information. Involves individual research resulting in a substantial piece of research writing.
A and B
An in-depth examination of the law of copyright and registered designs in New Zealand and Australia, including the relationship between copyright and design protection. Involves individual research resulting in a substantial piece of research writing.
An examination of the law related to the protection of registered trade marks in Australia and New Zealand. Other legal mechanisms that protect symbols, including the law of passing off, consumer protection legislation, special events legislation and the law relating to geographical indications and domain names. Involves individual research resulting in a substantial piece of research writing.
The law and practice of interpreting a patent specification for validity and infringement purposes. Law Environmental