You are to identify two examples of law in New Zealand society from different types of media or sources and write a reflection for each on the role “law” plays in contemporary New Zealand society.
Your reflections should also briefly compare your examples to highlight the differences between them.
The word guide for each reflection is 500 words. Where appropriate, you should include or attach supporting documents to each artefact in your ePortfolio.
Your examples must relate to the following list of topics. You must have a different topic for each example. The choice of topics includes:
• Civil and criminal law
• Private and public law
• Societal context
• Law, ethics and morality
• Treaty of Waitangi
• Sovereignty of Parliament
• Separation of Powers
The examples submitted must relate to the nature and sources of New Zealand law. Foreign law issues will only be relevant if they are significant to contemporary New Zealand society.
Sources
You may use the same medium (i.e. written, video) for each example but, as marks will be awarded for variety, you are strongly advised to select two different media.
Acceptable sources include:
• Commentary on a recent case
• Critique of a government proposal, Bill or Act
• An extract from a Parliamentary Debate
• A review (of a text; film; television article etc.) relating to New Zealand law
• Reflection on a relevant experience of you, a family member or friend
• Analysis of a marketing document relating to a business law topic
• An article or commentary relating to New Zealand Law
• Explanatory notes for a Bill or Act
This list is not exhaustive. As is appropriate to your selected topic, the sources you choose should reflect relevant and current legislation, case law, standards, regulations and acknowledged good industry/business practices.
Your reflections
For each example:
• Briefly describe what your choice of example is and what area of law it relates to
• Note some of the key points about how this affects NZ people or NZ society; and
• Give your own reflection or thoughts on how and why law and society interact together in relation to your chosen example.
You need to demonstrate how current the example is, it’s relevance to your selected topic, and show your own understanding of how this topic relates to or impacts on NZ society.
Task Two
This task constitutes THREE artefacts for your ePortfolio. Choose any of the following examples. There are a total of FOUR (4) to choose from.
For each of your THREE chosen scenarios, use the legal problem solving method to create your artefacts. In each you should consider:
• Which area of law is this in (e.g. which Act, case law or aspect of law applies)?
• What is the key issue in the scenario?
• What Principles are involved (e.g. which parts of the Acts or case law relate to the key issue)?
• What is the Application (e.g. how do the facts in the scenario apply to the Act or case law)?
• What is the Conclusion (e.g. who has what rights and responsibilities)?
Example 1: Consumer Guarantees Act and Fair Trading Act
Scenario
When making renovations to their living area, Hana arranged to obtain quotes from several local firms to lay a heavy¬duty carpet she had chosen. She selected EZ¬Lay Carpets who had quoted a price of $10,250.
On completion of the work, Hana realised that EZ¬Lay Carpets had in fact laid an inferior quality of carpet. EZ¬Lay Carpets refused to listen to Hana’s complaints and demanded payment of their account.
Task
Use the problem solving approach to advise Hana of her rights.
Example 2: Contracts
Scenario
Jones & Padavatton Ltd, a large department store, advertises ‘12 Genuine New Zealand possum fur coats for sale! $250 each for the first 12 people who are at the shop at 9 am tomorrow’. Freda ensures that she is first in the queue by camping in the doorway of the store overnight but when she presents her EFTPOS card and demands the coat, the assistant ignores her and sells the coats to the next 12 people who were behind Freda in the queue.
Task
Indicate if there is an enforceable contract, and why. Use the problem solving approach to advise Freda of her rights.
Example 3: Contracts
Scenario
Hannah bought six Adele concert tickets when sales first opened, but later found two of her family would not be in town that week, so she put out a message to her friends on Facebook that she had two tickets for sale for $159 or nearest offer.
Her flatmate Ben had missed out on tickets and was on his way to lectures when he saw the message, so put through an online bank payment for $318 to her account with his name and ‘Adele’ as a reference as he walked.
Later that day, Ruby replied to Hannah with a Facebook message saying she would buy the tickets at $130 each. Hannah replied saying she would accept $140 each. Ruby replied that she would think about it and let Hannah know. Later that day Ruby realised tickets were all sold out and this was her only chance to get some, so she tried to send a message to Hannah but had no Wi¬Fi. She sent a text to Hannah instead, saying she would pay the $140 each for the tickets.
Ravi saw Hannah’s message in the middle of that evening, and messaged Hannah saying he would pay the $125 each for the tickets. Hannah had not seen Ruby’s text, and Ben’s payment had not appeared in her bank aEZ-Layccount (payments from his bank are sent through to other banks at 10pm each night), so she accepts Ravi’s offer. When she gets home, she sees the text and bank deposit and realises that three people all want the same tickets.
Task
Use the problem solving approach to advise Hannah if she has an enforceable contract or not, with Ben, Ruby and/or Ravi.
Example 4: Employment Law
Scenario
Matthew saw an advertisement: “Wanted ¬ Night Manager for motel unit. Flexible Hours. Mainly on call duties. Self¬Contained Apartment provided”.
He was interested and was excited that it provided accommodation, as his current flat was very expensive, so applied. After a brief interview, Callum offered Matthew the job. He was shown the accommodation that came with the job ¬ a small but quite attractive selfcontained apartment behind the office. Matthew was told the hours would be 7pm to 7am, 6 days a week, and the job would involve answering the phone and any queries at reception, and some small amounts of cleaning. Matthew was told the pay would be $500 a week from which $300 would be deducted each week for his accommodation, power and phone.
Matthew accepted the job.
When Matthew turned up to start work, he found the apartment he had been shown was still occupied. Callum told him that his cousin was staying there temporarily, and that Matthew would have to sleep in a small room attached to the garage. The room was cold and had no power and no phone. Sam was told to use the toilet in a vacant motel unit.
Matthew asked for a written Employment Agreement, but Callum said that wasn’t necessary, and no Employment Agreement was ever provided despite repeated requests.
Matthew was very unhappy but started work anyway. After the first week, he found that there was lot more work than he had been told and got little sleep as the constant demands of guests during the night meant he was constantly being called out. His first 2 pays were only $150 – which Callum said was because of his accommodation and training costs. Matthew raised his concerns with Callum regarding the pay rate, accommodation, workload and lack of employment agreement. He was told that he should be grateful for the job and to just ‘harden up’.
To make matters worse, Callum’s cousin was still in the apartment after 3 weeks. Matthew was still sleeping in a room without power and facilities. After 3 weeks, Matthew gave one months’ notice, stating that Callum had not provided what was agreed at their interview. Callum told Matthew to pack his things and leave immediately or he would call the police. Matthew packed his belongings and left.
Task
Use the problem solving approach to advise Matthew on his employment situation and advise him of his rights. The focus of your advice should be on the nature of any employment contract and the process for resolving disputes.
Case law and legislation for Task 2
New Zealand legislation is available online at http://www.legislation.govt.nz/ (Use the ‘Getting Started on this Site’ guide or the ‘Quick Search’ box to locate the relevant law).
You may also refer to the following cases as part of your answers to any of these scenarios if they are relevant:
• Ashlington Piggeries Ltd & Or v Christopher Hill Limited [1971] 1 All Er 847
• Chapman v Hearse [1961] HCA 46
• Bolton v Stone [1951] AC 850
• Donoghue v Stevenson [1932] AC 562, [1932] All ER Rep 1
• Frazer v Walker [1967] NZLR 1069 (PC)
• Mainguard Packaging Ltd v Hilton Haulage Ltd [1990] 1 NZLR 360 (HC)
• (Wagon Mound No.1) [1961] 2 ALL ER 404 (PC)
• Others as appropriate New Zealand case law is available online via the New Zealand legal information Institute
Task 3
Requirements
You are to identify two examples of economics in New Zealand society from different types of media or sources and write a reflection for each on the role “economics” plays in contemporary New Zealand society.
Your reflections should also briefly compare your examples to highlight the differences between them.
The word guide for each reflection is 500 words. Where appropriate, you should include or attach supporting documents to each artefact in your ePortfolio.
Your examples must relate to the following list of topics. You must have a different topic for each example. The choice of topics includes:
• Scarcity and choice
• Demand and supply
• Circular flow model
• Full employment
• Economic growth
• Price stability
The examples submitted must relate to the nature and sources of New Zealand economics. Foreign issues will only be relevant if they are significant to contemporary New Zealand society.
Sources
You may use the same medium (i.e. written, video) for each example but, as marks will be awarded for variety, you are strongly advised to select two different media.
Acceptable sources include:
• Commentary on an economic policy
• Critique of a government proposal or policy
• A Report from Treasury, Reserve Bank or Ministry of Social Development
• A Report from a Non-governmental economics group such as the New Zealand Association of Economists
• A review (of a text; film; television article etc.) relating to New Zealand economics
• Reflection on a relevant experience of you, a family member or friend
• Analysis of a marketing document relating to a business economics topic
• An article or commentary relating to New Zealand economics
This list is not exhaustive. As is appropriate to your selected topic, the media you choose should reflect relevant and current economic principles, practices, regulations, effects and acknowledged good industry/business practices.
Your reflection
For each example:
• Briefly describe what your choice of example is and what area of economics it relates to
• Note some of the key points about how this affects NZ people or NZ society; and
• Give your own reflection or thoughts on how and why economics and society interact together in relation to your chosen example.
You need to demonstrate how current the example is, its relevance to your selected topic, and show your own understanding of how this topic relates to or impacts on NZ society.
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