Dear J Millins,

 

I refer to your four requests for information relating to the University’s
LLB programme of 19 and 20 July 2021. For ease of reference, these have
been reproduced below:

 

 1. All written correspondence within the university regarding making any
faculty of law exams in-person rather than online in 2021.
 2. The number of complaints and/or requests for remarking made in respect
of the marking of the LAWCOMM 402 Company Law essay assignment in
semester one 2021.
 3. All correspondence - with names redacted for confidentiality as
appropriate - in respect of remarking requests/complaints regarding
this essay [the LAWCOMM 402 Company Law essay assignment in semester
one 2021].
 4. Faculty communication - with names redacted for confidentiality as
appropriate - in respect of remarking requests/complaints regarding
this essay [the LAWCOMM 402 Company Law essay assignment in semester
one 2021].
 5. How many students have transferred into the University of Auckland law
school (at 2nd-year level and above) from other NZ universities since
LAW 141 became a course?
 6. Of those students who have transferred, how many have been made to
complete LAW 141 post-transferring?
 7. How many students - if any - were granted exemptions that prevented
them from needing to complete LAW 141?
*Note that in asking about exemptions, I am not referring to students
who had the prerequisites for LAW 141 credit upon transferring.
Rather, I am referring to students who were allowed to bypass the
requirement to complete LAW 141, notwithstanding that they lacked the
prerequisites for LAW 141 to credit.
 8. The number of students in core papers (part ii law and above) enrolled
in semester 2, 2021.
 9. The number of students in core papers (part ii law and above) enrolled
in semester 2, 2021 who are international, offshore students and will
be expected to take the examination online.
10. Internal written correspondence on the strategies the university will
put in place to ensure fairness between these domestic and
international offshore students regarding differing examination
conditions.
11. The number of students in the faculty of law investigated for academic
misconduct during online examinations (in both semester 2, 2020 and
semester 1, 2021).
12. The number of students in the faculty of law found liable/in breach of
academic misconduct during online examinations (in both semester 2,
2020 and semester 1, 2021).

The University will treat this as a single request for the purposes of
section 18(f) of the Official Information Act, which relates to requests
for information that would require substantial collation or research to
provide.

 

With regard to request 1, the Law Faculty applied on 20 July 2021,
pursuant to clause 14 of the Semester Two Teaching Delivery and Exams
Policy ([1]Teaching Delivery Coursework Tests and Examinations under
COVID-19 Alert Levels S1 and S2 Q1-4 final_19_07_2021 updated.pdf
(auckland.ac.nz)), for an exemption to conduct exams in person for the
following papers, on the basis that they are either a requirement for
selection into a limited entry programme or are required for professional
accreditation:

 

o Law 121G Law and Society
o Law 131 Legal Method
o Law 141 Legal Foundations
o Law 201 Criminal Law
o Law 211 Public Law
o Law 231 Law of Torts
o Law 241 Law of Contract
o Law 301 Land Law
o Law 306 Equity
o Law 458 Legal Ethics

 

We anticipate that the University could provide, without substantial
collation or research (but subject to the OIA’s substantive withholding
grounds), that application and related correspondence (i.e. the written
correspondence leading up to the decision to make that application. Please
advise whether you would be willing to amend this part of your request
accordingly. If you do not wish to amend this part of your request we note
that, as currently drafted, we likely cannot make the requested
information available without substantive collation or research and would
likely refuse this part of your request under section 18(f) of the OIA. It
would require excessive staff time for us to consult with every academic
staff member in the Law Faculty to obtain any correspondence they have
which relates to the issue of in-person 2021 law examinations.

 

With regard to part 10 of your request, I note that the Semester Two
Teaching Delivery and Exams Policy ([2]Teaching Delivery Coursework Tests
and Examinations under COVID-19 Alert Levels S1 and S2 Q1-4
final_19_07_2021 updated.pdf (auckland.ac.nz) published on 20 July 2021
addresses this issue. Accordingly, please advise whether you wish to
continue with or amend this part of your request. Again, if you do wish to
request written correspondence on this issue, we will need to narrow your
request to correspondence held by a small number of staff to avoid the
substantial collation or research associated with seeking correspondence
from a larger group.

 

Please also advise whether there are any particular parts of your request
which you wish to prioritise.

 

After these matters have been established with you, we will assess how
much staff time would be required to provide the information requested,
and consult with you further about your request if the information
requested cannot be provided without substantial collation or research.

 

Unfortunately, consultations necessary to make a decision on this request
are such that a proper response to the request cannot reasonably be made
within the original time limit. Accordingly, the University has extended
the time limit for this request until 3 September 2021 under section 15A
of the OIA. You have the right to make a complaint to an Ombudsman about
this extension.

 

Yours sincerely,

Rebecca Ewert

General Counsel

University of Auckland

 

 

From: J Millins <[3][FYI request #16133 email]>
Sent: Tuesday, 20 July 2021 10:32 am
To: legal <[4][email address]>
Subject: Official Information request - Faculty of Law Online Exam
Correspondence 2021

 

Dear University of Auckland,

Please provide all written correspondence within the university regarding
making any faculty of law exams in-person rather than online in 2021.

Yours faithfully,

J Millins

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Dear J Millins,

 

I refer to your requests for information relating to the University’s LLB
programme of 19 and 20 July 2021. The University’s response follows.

 

“1a The written minutes of any faculty of law meetings regarding the
decision to make the semester two exams online.”

This information has been made available in the form of excerpts, see
attached file entitled “Millins_OIA_31August2021_Q1a_excerpt”.

 

“1b The written correspondence of Dean Penelope Mathew and Associate Dean
(Academic) Marcus Roberts in respect of the decision to make the semester
two exams online.”

“1c The "application and related correspondence (i.e. the written
correspondence leading up to the decision to make that application).”

 

This information has been provided in the attached file entitled
“Millins_OIA_31August20211b-1c_redacted_WM”, with the exception of
material which has been withheld under section 9(2)(g)(i) of the Official
Information Act, to maintain the effective conduct of public affairs
through the free and frank expression of opinions by or between or to
members of the University in the course of their duty, and material which
has been provided as a summary under section 16(1)(e) of the Official
Information Act to avoid prejudice to the interest protected by section
9(2)(g)(i) of the Official Information Act. A small amount of unrelated
material has also been redacted as out of scope.

 

“8. The number of students in core papers (part ii law and above) enrolled
in semester 2, 2021.”

“9. The number of students in core papers (part ii law and above) enrolled
in semester 2, 2021 who are international, offshore students and will be
expected to take the examination online.”

 

See attached file entitled “Millens_OIA_31August2021_ Q8&9”.

 

“10. Internal written correspondence on the strategies the university will
put in place to ensure fairness between these domestic and international
offshore students regarding differing examination

conditions.”

 

The University has identified some correspondence within the scope of your
request, which is withheld under section 9(2)(g)(i) of the Official
Information Act, to maintain the effective conduct of public affairs
through the free and frank expression of opinions by or between or to
members of the University in the course of their duty. Otherwise, the
information requested cannot be provided without substantial collation or
research, and this part of your request is refused under section 18(f) of
the Official Information Act. We have not been able to narrow this part of
your request through consultation with you, and neither extending the time
limit nor imposing a charge would enable this part of your request to be
granted.

 

“11. The number of students in the faculty of law investigated for
academic misconduct during online examinations (in both semester 2, 2020
and semester 1, 2021).”

 

“12. The number of students in the faculty of law found liable/in breach
of academic misconduct during online examinations (in both semester 2,
2020 and semester 1, 2021).”

 

In Semester 2 2020, 6 students were investigated for academic misconduct
during online examinations for courses in the Faculty of Law. All 6 of
those students were found to have committed Category One academic
misconduct in examinations.

 

In Semester 1 2021, 80 students were investigated for academic misconduct
during online examinations for courses in the Faculty of Law. 59 of those
80 students were found to have committed Category One academic misconduct
in examinations.

 

You have the right to make a complaint to an Ombudsman if you are
dissatisfied with this response.

 

Yours sincerely,

Landon Watt

Legal Advisor

Office of the Vice-Chancellor

 

From: J Millins <[1][FOI #16133 email]>
Sent: Thursday, 19 August 2021 11:25 PM
To: Rebecca Ewert <[2][email address]>
Subject: RE: Official Information request - Faculty of Law Online Exam
Correspondence 2021

 

Dear Rebecca Ewert,

Thank you for your reply dated 13/8.

With regard to my requests relating to the decision to make semester two
law exams online, I will limit my request as follows:
- The written minutes of any faculty of law meetings regarding the
decision to make the semester two exams online.
- The written correspondence of Dean Penelope Mathew and Associate Dean
(Academic) Marcus Roberts in respect of the decision to make the semester
two exams online.
- The "application and related correspondence (i.e. the written
correspondence leading up to the decision to make that application."

I withdraw requests 2-7.

Yours sincerely,

J Millins

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