Attendance is expected at lectures. 
Lectures will be available as recordings. 

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.

There is no required text for the course. The course materials — case law, statutes and other materials — will be available on CANVAS.

There are various recommended and supplemental materials for the course as listed below (and followed by their locations in the Davis Law Library).

 A text that covers many significant aspects of criminal procedure under the NZBORA — but is not completely up to date in various areas — is Paul Rishworth and others The New Zealand Bill of Rights (Oxford University Press, Auckland, 2003) KM228 RIS.

A similar and more up to date text is Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) KM228 BUT 2015.

Discussion of ss 28-30 of the Evidence Act 2006 can be found in Elisabeth McDonald and Scott Optican (gen eds) Mahoney on Evidence: Act & Analysis (2d ed Thomson Reuters, New Zealand, 2024) (on library desk reserve).

A good text for pre-NZBORA criminal procedure is William Hodge Doyle and Hodge Criminal Procedure in New Zealand (3rd ed, Law Book Co, Sydney, 1991) KM570 L1 DOY.

For a discussion of the Search and Surveillance Act 2012, see Warren Young, Neville Trendle and Richard Mahoney Search and Surveillance: Act and Analysis (Brookers, Wellington, 2012) KM580.2 L1 YOU.

For a discussion of the Criminal Procedure Act 2011, see Jeremy Finn and Debra Wilson Criminal Procedure in New Zealand (4th ed, Thomson Reuters, Wellington, 2025). 

A recommended text for articles dealing with the impact of the Bill of Rights on New Zealand’s law of criminal procedure is Grant Huscroft and Paul Rishworth (eds) Rights and Freedoms: the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 (Brookers, Wellington, 1995) KM228 HUS. 

Detailed discussions rules of criminal procedure covered in this class can also be found in Bruce Robertson (ed) Adams on Criminal Law (online ed, Westlaw, 2015-current) (see the various sub-sections under: “Criminal Procedure"/ "Rights and Powers" / "Evidence" (including: “Criminal Procedure Act & Analysis"/ "Trial Procedures"/ "Bill of Rights"/ "Search and Surveillance”/ “Evidence Act 2006”) KM528 ADAs 2014.

To one degree or another, the same is true of the update on “Evidence” published bi-annually in the New Zealand Law Review (and written by the teacher of this course) and in various reports dealing with evidence and criminal procedure law published by the New Zealand Law Commission (available at www.lawcom.govt.nz). In addition, articles about selected aspects of criminal procedure frequently appear in the New Zealand Law Journal, the New Zealand Law Review and other New Zealand law journals.

Criminal procedure cases are also reported regularly in The Capital Letter.

Finally, for a series of essays on New Zealand criminal justice, including a chapter on criminal procedure by the teacher of this course (which is not completely up to date in all areas), see Julia Tolmie and Warren Brookbanks Criminal Justice in New Zealand (LexisNexis, Wellington, 2007) KM570 L1 TOL.

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.

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.

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.

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.

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.

Your feedback helps teachers to improve the course and its delivery for future students:
In response to feedback there will be an enhanced nature and number of comments made on the written assignments and the written assignments will reflect what the final exams will be like.  There will also be a set of final exam review/ study materials to help students prep for the exam and also to understand how to write good exam answers.Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

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 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.

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.

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.

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.

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.

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.