Faculty of Business and Information Technology Introduction to Commercial Law and Commercial Law Assignment
Overview of Eco Tours Ltd
- Eco Tours Limited is a fictional company that operates tours throughout New Zealand
- The company has a Board of Directors. The CEO is Bruce Smith. Eco Tours employs a permanent staff of 40 full and part time people.
- Eco Tours Ltd has various aspects to its operation. It offers charter cruises for parties, fishing expeditions, coach tours to places of historic and cultural interest, bush walks, adventure tourism and events management. The company is showing steady growth. It owns several residential properties that it hopes to eventually convert to tourist accommodation. Most of these currently have tenants.
- The Head Office of Eco Tours Ltd is at the corner of Manukau Station Rd and Davies Avenue, Manukau. There are also branches in Auckland CBD and Henderson. A variety of staff work in the Head Office, including a human resources manager, marketing and communications officer and both permanent and casual tour guides and bus drivers. Eco Tours is also planning on employing a property manager.
- Assume that you have been employed in a managerial capacity at Eco Tour's Head Of?ce. During your 8 week induction period you will be learning various aspects of the business.
- During your induction period you will be supervised by Jill Jones and John Horsley. Please submit your work as instructed on Canvas. You may also discuss your work with Jill and John during your usual class time and they will be happy to provide you with guidance and feedback
- Please complete all the tasks below
Task One -
This task relates to the following aspects of the NZQA prescription: Nature and sources of New Zealand law (ethics/morality and societal context)
Legislation: (parliamentary process, delegated legislation, apply section 5 (1) of the Interpretation Act 1999)
Your first task is to help the Tourism Manager, George Gane, research an Act of Parliament. George is keen to acquire a fleet of camper vans and hire these out to customers as part of Eco Torus's operations. The vans that he has in mind are of a very basic nature. They have no toilets or running water and no cooking facilities. He is aware that there has been a great deal of negative publicity about so called "freedom camping" in the media. See, for example:
Instructions: Read the following email from George then answer his questions in the form of an email. Please ensure that you answer each question and number it correctly.
To: New Employee
From: George Gane
Re: Research Task onFreedom Camping
Date: 21 February 2017
Dear New Employee,
It was a pleasure to meet you last week. Thank you for offering to assist me with finding out more about the legislative aspects of freedom camping. I would appreciate it if you could answer the following questions on the Freedom Camping Act 2011. As you know, we are contemplating purchasing a number of camping vans for hire.
Yours sincerely,
George
George has asked the following questions:.
1. What does this Act regulate?
2. When was the Freedom Camping Bill introduced to Parliament and who was the Member of Parliament in charge of the Bill? To which political party does/didhe or she belong?
3. What type of Act is it? (Private, Government or Local?) Please briefly explain that type of Act.
4. Please summarise in your own words the stages of the legislative process the Act went through.
5. Please briefly discuss (in no more than 600 words) the ethical and social issues associated with this Act, including the ethics of a company hiring out the vans that Eco Tours has in mind.
Task Two -
This task relates to the following aspects of the NZQA prescription: Legislation
Section 5 (1) of the Interpretation Act 1999
Delegated legislation
Eco Tours has purchased several residential properties. The eventual aim is to convert them to hunting and other lodges, but in the interim the tenants, with one exception, will remain. Bruce would like you to answer the following questions. Please answer them in the form of a memorandum.
Part A -
1. What is the purpose of the Residential Tenancies Act 1986? Where did you find this purpose? (I.e. in which section/s?)
2. What does s 12 (1) (a) of the Residential Tenancies Act say? Please explain this in your own words.
3. How does section 5(1) of the Interpretation Act 1999affect the interpretation of S 12 (1) (a) of the Residential Tenancies Act 1986?
4. Bruce has raised the possibility of using an untenanted and derelict property belonging to Eco Tours as a base for paint ball games. The game involves opposing participants shooting balls of paint at each other using guns that discharge paint balls by using compressed air. He has also discovered that there is a bylaw that states that:
"No person shall discharge a firearm within 500 metres of a dwelling place."
Applying5(1) of the Interpretation Act 1999,how is a court likely to interpret this bylaw?
5. What is a regulation and how does it differ from an Act of Parliament? Please also supply the link to any regulation made under the Residential Tenancies Act 1986.
6. When did the Residential Tenancies Act 1986come into force and where did you find this?
7. Delegated legislation has the potential for abuse. Why is this? Also explain how delegated legislation may be controlled.
Task Three -
This task relates to the following aspects of the NZQA prescription:
Classification of Law
Courts
Common Law and Precedent
Special Topic (Employment Law)
Last year, Eco Tours made several staff members redundant. The criteria for redundancy were not explained to the staff concerned. Some of these staff members are now seeking reinstatement. The HR manager, Jolene Jackson, tells you that she has heard that the "Wrigley and Kelly case" might be helpful in ascertaining the legal position. She has asked you to find out about this case and answer her questions in the form of a memorandum. You will find the case here:
https://www.employmentcourt.govt.nz/assets/Documents/Decisions/2011-NZEmpC37-Vice-Chancellor-of-Massey-University-v-Wrigley-Kelly.pdf
1. What type of case is this? In other words, is it civil or criminal and is it classified as public or private law? Give reasons for your answer.
2. In which court or tribunal was the case first heard? Draw a diagram showing how the court concerned fits into New Zealand's hierarchy of courts and explain why the courts are arranged in a hierarchy.
3. Name the courts/tribunal in which the cases were heard and the role of each court/tribunal.
4. Explain the outcome of this case and the options for the losing party.
5. Explain how case law is used in our legal system.
6. Taking into account your answer in question 4 above, explain why this particular case is an important one as far as redundancy is concerned.
7. Compare and contrast common law and legislation and give an example of each.
8. What is the difference between a court and a tribunal? Give two examples of tribunals and explain their functions.
Task Four -
This task relates to the following aspects of the NZQA prescription: New Zealand Constitution
Bruce is originally from the United States of America. He is expecting some visitors from his home country in the near future. He is hoping that they will promote Eco Tours in the USA. As you know, the United States has a new president, Donald Trump. Bruce explains that his visitors, in the wake of the Trump victory, will be interested in how the New Zealand constitution "works"
Prepare a PowerPoint presentation for the visitors.
In your presentation you should:
1. Give a brief explanation of the key features of New Zealand's constitution.
2. Give a brief explanation of the doctrine of the separation of powers.
3. You should also very briefly explain how New Zealand's' constitution differs from that of the USA.
Please note that you do not need to make a verbal presentation.
Task Five -
This task relates to the following aspects of the NZQA prescription: Treaty of Waitangi
Bruce, as mentioned above, is expecting some visitors from the USA and has asked you to put together another PowerPoint presentation, which he will present to them.
Prepare the presentation. The presentation should deal with (at least) the following aspects:
1. A brief background to the Treaty
2. Articles 1, 2 and 3 of the Treaty of Waitangi, discussing any differences in translation and why they are important
3. The meaning of the Principles of the Treaty.
4. Whether the Treaty is best described as a "partnership" or as a "relationship" between Maori and Crown, giving reasons
5. Why the Treaty is important to doing business in New Zealand.
Please note that you need not do a verbal presentation. Acknowledgement: Joanne Long, Unitec Summer School 2017.
Attachment:- Assignment.rar