CONS5006 – Law and Contracts
Module code
CONS5006
Module title
Law and Contracts
Prescription
The aim of this course is to develop knowledge of Aotearoa New Zealand legislative and regulatory frameworks and to relate these frameworks to professional practice within a construction and consulting environment.
Programmes
- NZ2420
NZQA Level
Level 5
NZQA Credits
15
Delivery method
- Web-Enhanced
Learning hours
- Total learning hours
- 150
Resources required
- Content
- - New Zealand legal structure:
- Sources of law and current structure: common law, equity and statue law
- The separation of powers: The role of Parliament, the Executive, the Judiciary and the Ombudsman.
- The legal standing of te Tiriti o Waitangi: its impact on the law generally and the construction industry in particular.
- Civil law principles: Land, Contract and Torts especially negligence.
- Building regulatory system.
- New Zealand Statutes and their relevance to the construction Industry: Building Act 2004, NZ Building Code, Weathertight Homes Resolution Services Act 2006, Resource Management Act 1991, Health and Safety at Work Act 2015, Accident Compensation Act 2001, Construction Contracts Act 2002, NZIQS Elemental Analysis (current edition).
- Dispute Resolution: Legal fundamentals and types of dispute resolution that arise in the construction industry.
- Methods: Negotiation, mediation, adjudication, arbitration. - Learning and Teaching Resource
- All required and recommended resources are advised to aakonga via course outlines.
- Assessment Criteria
- Assessment in this course employs an achievement-based grading scheme. Aakonga will be advised of all matters relating to summative assessment prior to the start of the course.
- Learning Outcomes
- - Analyse the regulatory framework that applies to the Aotearoa New Zealand building industry.
- Identify Aotearoa New Zealand law relevant to construction site operations and construction contracts.
- Compare key features of dispute resolution to construction management practice. - Teaching and Learning Strategy
- Learning and teaching activities will employ a range of elements drawn from approved methods to align with the context of the learning (delivery mode, regional specific requirement, etc.) and any particular needs of the group of aakonga.
