Highlights
Learning Outcomes
This assignment assesses the following learning outcomes:
• LO1: Discuss the key features of the New Zealand legal system.
Question 1
Background
A fictional New Zealand government has committed to Aotearoa being predator free by 2050. Its objective is to secure the long-term survival and viability of native fauna in New Zealand’s ecosystem. To assist in achieving this objective, the government will introduce a Bill into Parliament entitled the Predator Management Bill.
Amongst other things, the Bill will:
• identify certain species of animals as predators
• provide for designation of certain areas as ecologically vulnerable
• regulate the ownership of animals designated as predators, which will include requirements to keep such animals confined at all times, and ban ownership where that is considered necessary in or near areas of ecological vulnerability
• give powers to councils and other approved bodies to confiscate and destroy predators
• give powers to councils to implement certain measures in their territories
• create a mechanism to exempt working animals, and animals that are companions of vulnerable people, from the scheme in the Bill
• create offences and penalties for infringements of the law.
The Department of Conservation and the Ministry for the Environment will have responsibility for administering the new law.
Task:
Discuss key features of the New Zealand legal system, with reference to the proposed law. Where relevant, use examples arising from the scenario to illustrate your discussion of each area.
Your answer should cover:
• the relationship between the new law and moral or ethical rules
• how the new law will be classified, bearing in mind that the legislation will not regulate relationships between individuals; there are three broad ‘either/or’ classifications to consider
• the process of passing the proposed legislation into law
• how the new law will provide for the making of subordinate legislation: what that is, its purpose, and who will be empowered to make it
• the role the courts will have in relation to the new legislation, once it has been enacted and is in force
• how the courts will resolve any ambiguity in the new legislation once it is enacted.
Question 2
Treaty of Waitangi
Identify and explain one example of how principles of the Treaty of Waitangi have influenced the development of law in New Zealand.
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