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Title / Demonstrate knowledge of the legal system in New Zealand
Level / 4 / Credits / 4
Purpose / People credited with this unit standard are able to: explain the purpose of a legal system; describe the sources of New Zealand law; explain classifications of law; describe law made by the legislature and the process by which it is made; describe delegated legislation; and describe common law.
Classification / Business Environment > Business Law
Available grade / Achieved
Explanatory notes
1 References may include but are not limited to:
McDowell, Morag; Webb, Duncan, The New Zealand Legal System: Structures and Processes, 4th ed., (Wellington: LexisNexis, 2006)
Mulholland, Raymond, D., Introduction to the New Zealand Legal System, 10th ed., (Wellington: Butterworths, 2001).
2 Legislation applicable to this unit standard includes but is not limited to:
Bill of Rights 1688 (Eng)
Parliamentary Privilege Act 2014
Treaty of Waitangi Act 1975
Constitution Act 1986
New Zealand Bill of Rights Act 1990
Electoral Act 1993
Supreme Court Act 2003.
Outcomes and evidence requirements
Outcome 1
Explain the purpose of a legal system.
Evidence requirements
1.1 The explanation of a legal system outlines its purpose and effect on society.
Outcome 2
Describe the sources of New Zealand law.
Evidence requirements
2.1 The description outlines the forces that shape New Zealand law.
Range values and morality, social order, interest and pressure groups, economic control, rationalisation of society, Māori interests, administrative agencies.
2.2 The description outlines the sources of New Zealand law.
Range two of – Treaty of Waitangi, legislation, common law.
2.3 The description outlines how the theory of separation of powers applies in New Zealand.
Range legislative, executive, judiciary.
Outcome 3
Explain classifications of law.
Evidence requirements
3.1 The explanation describes and differentiates the different classifications of law.
Range any two of – civil and criminal law; public and private law; legislation and common law; common law and equity.
Outcome 4
Describe law made by the legislature and the process by which it is made.
Evidence requirements
4.1 The description outlines how a Bill becomes an Act.
4.2 The description outlines how an Act can be amended.
4.3 The description describes the components of an Act.
Range any two of – long title, short title, purpose, objects, overview analysis, table of sections or contents, commencement date, definitions, interpretation, parts, sections, schedules.
Outcome 5
Describe delegated legislation.
Evidence requirements
5.1 The description outlines the types of delegated legislation and the function of each.
Range one of – regulation, by-law, order in council.
5.2 The description outlines how the legislature confers power on the executive to make delegated legislation.
5.3 The description outlines the controls that the judiciary has over delegated legislation.
Outcome 6
Describe common law.
Evidence requirements
6.1 The description outlines the hierarchy of New Zealand courts.
6.2 The role of the judiciary is described in interpreting and creating law.
6.3 The facts, reasons, and outcome are identified in a given judgment.
Range one of – citation, headnote, judgment.
6.4 The description outlines the doctrine of stare decisis.
6.5 The parts of a law report are described.
Range one of – citation, headnote, judgment.
Planned review date / 31 December 2020Status information and last date for assessment for superseded versions
Process / Version / Date / Last Date for Assessment /Registration / 1 / 30 September 1997 / 31 December 2018
Revision / 2 / 16 January 2001 / 31 December 2018
Review / 3 / 17 July 2009 / N/A
Rollover / 4 / 24 October 2014 / N/A
Rollover and Revision / 5 / 21 January 2016 / N/A
Consent and Moderation Requirements (CMR) reference / 0113
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment.
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Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMR). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements.
Comments on this unit standard
Please contact NZQA National Qualifications Services if you wish to suggest changes to the content of this unit standard.
NZQA National Qualifications ServicesSSB Code 130301 / Ó New Zealand Qualifications Authority 2016