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Overview

Course Prescription

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.

Course Overview

This course will consider the particular vulnerabilities of consumers, the theoretical rationales for consumer law, and the different regulatory techniques that can be deployed to protect consumers and how this relates to access to justice. There will be a particular focus on: misleading or deceptive conduct under s 9 of the Fair Trading Act 1986 (FTA); other instances of unfair conduct under Part 1, FTA; consumer guarantees in respect of goods and services under the Consumer Guarantees Act 1993; unfair contract terms in standard form contracts under ss 46H-46M, FTA; layby sale agreements under ss 36B-J, FTA and buy-now, pay-later; advertising and labelling; enforcement and remedies. 

The course however goes beyond the material and asks students to reflect on the importance of consumer law in addressing inequalities of powers and vulnerability, as well as the role that consumer law plays in our everyday lives. 

The course will involve group work and a class presentation, which will be worth 25% of your overall grade. It will also involve active classroom discussion and participation, which will be worth another 15% of your overall grade. At the end of the course, there are in-class exercises which are worth a further 10% of the grade. This means that participation and attendance is compulsory for all seminars, which will not be recorded. If you cannot attend all seminars as scheduled, please enroll in another summer semester course.

Workload Expectations

This is a standard 15-point course but it is taught as a summer school intensive. There will be around 24 hours of seminars in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Course Prerequisites, Corequisites and Restrictions

Prerequisite

Locations and Semesters Offered

LocationSemester
City

Teaching and Learning

Campus Experience

Attendance is required at scheduled activities including seminars to be assessed for components of the course. The first two seminars will be recorded and attendance is encouraged but not mandatory. You must however be able to attend all of the remaining seminars to be assessed and complete this course.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including reading lists and lecture recordings (where available). Please remember that the recording of any class on a personal device requires the permission of the instructor.

Additional Information on Learning Resources

Legislation:
Students will also need to refer to the following pieces of legislation:  Fair Trading Act 1986  Consumer Guarantees Act 1993
Recommended texts and articles:
There is no prescribed text, but the following is recommended:  K Tokeley and V Stace (eds), Consumer Law in New Zealand (3rd ed, LexisNexis, Wellington, 2022)
Students may also find the following helpful: D Wilson, The Fair Trading Act Handbook (LexisNexis, Wellington, 2018)J Gardner and I Ramsay (eds) Landmark Cases in Consumer Law (Hart Publishing, Oxford, 2023)K Tokeley, 'Reflections on Consumer Law Over the Past 60 Years' (2023) 30(3) New Zealand Universities Law Review 433-456C Scott and J Black, Cranston's consumers and the law (Butterworths, Oxford, 2000) I Ramsay, Consumer law and policy : text and materials on regulating consumer markets (Hart Publishing, Oxford, 2012)

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license. You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Other Information

The course is taught through interactive seminars, starting on Tuesday 6 January and ending on Friday 7 February. The times are as follows: 

5 January: 4-7pm (introductory session, including discussion of assessments; division into groups) 

19 January: 4-7pm (Group 1 and 2 presentations); 20 January: 4-7pm (Group 3 and Group 4 presentations); 21 January: 4-7pm (Group 5 and Group 6 presentations); 22 January: 4-7pm (Group 7 and Group 8 presentations); 23 January: 4-7pm (Group 9 presentation and discussion of next steps for assessment) 

4 February: 4-7pm (in-class exercises); 5 February: 2-5pm (in-class exercises) 

End of Semester Exam: TBC

Office hours will be advised during the seminars. I have a very open door policy and encourage students to come and have a chat if they want to reflect on the learning so far and to clarify any areas of confusion. For equity's sake, I will not however respond to substantive questions on course content by email. 

Teaching staff Professor Jodi Gardner (Course Director) Office: 803-208

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.


Additional Information on Academic integrity

Any use of generative AI must be recorded in a detailed and honest fashion. If it is not, this will be considered an academic offence. 

Assessment and Learning Outcomes

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5
6
7
8

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type12345678

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions. Your feedback helps teachers to improve the course and its delivery for future students. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Additional Information on Student Feedback

The seminars timing has been changed to allow additional time for students to prepare their group presentations. The assessment has been changed to in-class exercises and a 50% exam on the basis of discussions with the profession to ensure students are as employable as possible.

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, lecturer or tutor. Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff as soon as possible before the assessment is due. If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page. This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.