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332.510 and 323.509 Introduction to Commercial Law

Assignment One Total Marks: 100

Weighting: 22% of course

Please attach the following cover sheet to your assignment.

Answer all the questions

The relevant legislation is located on the New Zealand legislation

website: http://www.legislation.govt.nz

For submission instructions and due date please see Canvas

Please ensure that you number each task and each question correctly

For further guidance and recommended reading please Canvas

This assignment covers Learning Outcome 1 of the NZQA prescription

and simultaneously includes aspects of Learning Outcomes 3 and 6.

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Overview of Eco Tours Ltd

Eco Tours Limited is a fictional company that operates tours
throughout New Zealand
The company has a Board of Directors. The CEO is Bruce Smith.
Eco Tours employs a permanent staff of 40 full and part time people.
Eco Tours Ltd has various aspects to its operation. It offers charter
cruises for parties, fishing expeditions, coach tours to places of
historic and cultural interest, bush walks, adventure tourism and
events management. The company is showing steady growth. It
owns several residential properties that it hopes to eventually
convert to tourist accommodation. Most of these currently have
tenants.
The Head Office of Eco Tours Ltd is at the corner of Manukau
Station Rd and Davies Avenue, Manukau. There are also branches
in Auckland CBD and Henderson. A variety of staff work in the Head
Office, including a human resources manager, marketing and
communications officer and both permanent and casual tour guides
and bus drivers. Eco Tours is also planning on employing a property
manager.
Assume that you have been employed in a managerial capacity at Eco
Tours Head Ofce. During your 8 week induction period you will be learning
various aspects of the business.
During your induction period you will be supervised by Jill Jones and John
Horsley. Please submit your work as instructed on Canvas. You may also
discuss your work with Jill and John during your usual class time and they
will be happy to provide you with guidance and feedback. If you have any
questions about your tasks outside of class time you can contact Jill by
email Jill.Jones@manukau,ac,nz or John at John.Horsley@manukau.ac.nz
Please complete all the tasks below

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Assignment One 88
marks
Assessment Weighting
22%
Learning Outcome One
Purpose of the Assignment:
Understand the nature and sources of law in New Zealand, New
Zealand Constitution and classification of law.
Analyse the social, morality and ethical dimensions of law being
proposed
Understand the legal status of the Treaty of Waitangi and its impact on
law.
Learn how Parliament makes laws (How a Bill becomes an Act)
Learn how to find Bills and identify potential changes to law that affect
business
Learn how to find, read and interpret legislation applying section 5(1) of
the Interpretation Act 1999.
Understand the concept of Common Law
Difference between Enabling Legislation and Delegated Legislation
Understand the court structure, role of courts & tribunals, the doctrine
of precedent and the role of case law.
Learn how to analyse a legal case, identifying its key features and the
principles of law within it.
Become more familiar with finding and using legal materials

Assignment One
Task One

This task relates to the following aspects of the NZQA

prescription:

Nature and sources of New Zealand law (ethics/morality and societal

context)

Legislation:
Website: (parliamentary process, delegated legislation, apply
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section 5 (1) of the Interpretation Act 1999) Page 2 | 9

[15 marks]
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Your rst task is to help the Tourism Manager, George Gane, research an Act of
Parliament. George is keen to acquire a fleet of camper vans and hire these out to
customers as part of Eco Toruss operations. The vans that he has in mind are of a
very basic nature. They have no toilets or running water and no cooking facilities.
He is aware that there has been a great deal of negative publicity about so called
freedom camping in the media. See, for example:

Instructions: Read the following email from George then answer his questions in
the form of an email. Please ensure that you answer each question and number it
correctly.

To: New Employee

From: George Gane
Re: Research Task on Freedom Camping
Date: 21 February 2017

Dear New Employee,

It was a pleasure to meet you last week. Thank you for offering to assist me with
finding out more about the legislative aspects of freedom camping. I would
appreciate it if you could answer the following questions on the Freedom Camping
Act 2011. As you know, we are contemplating purchasing a number of camping vans
for hire.

Yours sincerely,
George

George has asked the following questions:.

1. What does this Act regulate? [1 mark]

2. When was the Freedom Camping Bill introduced to Parliament and who was the
Member of Parliament in charge of the Bill? To which political party does/did he or
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she belong?
[2 marks]

3. What type of Act is it? (Private, Government or Local?) Please briefly explain
that type of Act
[2 marks]

4. Please summarise in your own words the stages of the legislative process the Act
went through [5 marks]

5. Please briefly discuss (in no more than 600 words) the ethical and social issues
associated with this Act, including the ethics of a company hiring out the vans
that Eco Tours has in mind . [5 marks]

Assignment One
Task Two
This task relates to the following aspects of the NZQA prescription:

Legislation
Section 5 (1) of the Interpretation Act 1999
Delegated legislation

[30 marks]

Eco Tours has purchased several residential properties. The eventual aim is to
convert them to hunting and other lodges, but in the interim the tenants, with one
exception, will remain. Bruce would like you to answer the following questions.
Please answer them in the form of a memorandum.

Part A

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1. What is the purpose of the Residential Tenancies Act 1986? Where did you
find this purpose? (I.e. in which section?) [3 marks]

2. What does s 12 (a) of the Residential Tenancies Act say? Please explain this
in your own words. [3 marks]

3. How does section 5(1) of the Interpretation Act 1999 affect the interpretation
of S 12 (a) of the Residential Tenancies Act 1986?
[2 marks]

4. Bruce has raised the possibility of using an untenanted and derelict property
belonging to Eco Tours as a base for paint ball games. The game involves
opposing participants shooting balls of paint at each other using guns that
discharge paint balls by using compressed air. He has also discovered that
there is a by law in effect that states that No person shall discharge a firearm
within 500 metres of a dwelling place.

Applying 5(1) of the Interpretation Act 1999 how is a court likely to interpret
this bylaw? [10 marks]

5. What is a regulation and how does it differ from an Act of Parliament? Please
also supply the link to any regulation made under the Residential Tenancies
Act 1986 [5 marks]

6. When did the Residential Tenancies Act 1986 come into force and where
did you find this? [1 mark]

7. Delegated legislation has the potential for abuse. Why is this? Also explain
how delegated legislation may be controlled. [6 marks]

Assignment One
Task Three
This task relates to the following aspects of the NZQA prescription:

Classification of Law
Courts
Common Law and Precedent

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Special Topic (Employment Law)

[35 marks]

Last year, Eco Tours made several staff members redundant. The criteria for
redundancy were not explained to the staff concerned. Some of these staff members
are now seeking reinstatement. The HR manager, Jolene Jackson, tells you that she
has heard that the Wrigley and Kelly case might be helpful in ascertaining the legal
position. She has asked you to find out about this case and answer her questions in
the form of a memorandum. You will find the case here:

https://www.employmentcourt.govt.nz/assets/Documents/Decisions/2011-
NZEmpC37-Vice-Chancellor-of-Massey-University-v-Wrigley-Kelly.pdf

1. What type of case is this? In other words, is it civil or criminal and is it

classified as public or private law? Give reasons for your answer [6
marks]

2. In which court or tribunal was the case first heard? Draw a diagram showing
how the court concerned fits into New Zealands hierarchy of courts and
explain why the courts are arranged in a hierarchy. [4 marks]

3. Name the courts/tribunal in which the cases were heard and the role of each
court/tribunal. [4 marks]

4. Explain the outcome of this case and the options for the losing party [3
marks]

5. Explain how case law is used in our legal system.

[4 marks]

6. Taking into account your answer in question 4 above, explain why this
particular case is an important one as far as redundancy is concerned.

[5 marks]

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7. Compare and contrast common law and legislation and give an example of
each [4 marks]

8. What is the difference between a court and a tribunal? Give two exampleas of
tribunals and explain their functions. [5 marks]

Assignment One
Task Four
This task relates to the following aspects of the NZQA prescription:

New Zealand Constitution

10 marks

Bruce is originally from the United States of America. He is expecting some

visitors from his home country in the near future. He is hoping that they will
promote Eco Tours in the USA. As you know, the United States has a new
president, Donald Trump. Bruce explains that his visitors, in the wake of the
Trump victory, will be interested in how the New Zealand constitution works
Prepare a PowerPoint presentation for the visitors. In your presentation you
should:

Give a brief explanation of the key features of New Zealands constitution (4

marks) and the doctrine of the separation of powers.( 4 marks) You should
also very briefly explain how New Zealands constitution differs from that of
the USA (2 marks)

Please note that you do not need to make a verbal presentation.

[Total 10 marks]

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Assignment One
Task Five
This task relates to the following aspects of the NZQA prescription:

Treaty of Waitangi
10 marks

Bruce, as mentioned above, is expecting some visitors from the USA and has
asked you to put together another power point presentation, which he will present
to them. Prepare the presentation. The presentation should deal with (at least)
the following aspects:

1. A brief background to the Treaty [1 mark]

2. Articles 1, 2 and 3 of the Treaty of Waitangi, discussing any differences in

translation and why they are important [2 marks]

3. The meaning of the Principles of the Treaty. [3 marks]

4. Whether the Treaty is best described as a partnership or as a

relationship between Maori and Crown, giving reasons.[2 marks]

5. Why the Treaty is important to doing business in New Zealand. [2 marks]

Word limit: 200 words. Please note that you need not do a verbal
presentation.

Acknowledgement: Joanne Long Unitec Summer School 2017

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