8 July 2024
N Roberts
By email: [FYI request #27173 email]
Tēnā koe Nick
Official information request regarding LAWS312 exams
I refer to your request for information under the Official Information Act 1982 (the Act)
dated 11 July 2024:
“Regarding the LAWS312 examinations for 2023 and 2024:
Approval Process:
1. Please provide a detailed description of the approval process each exam
underwent before being administered to students.
2. Please list the names of all organisations and individuals involved in
reviewing and approving the exams.
Feedback and Improvements:
3. Was any advice or feedback provided by the reviewers to improve the exams
in either year? If so, please provide details of this feedback.
Exam Standards and Criteria:
4. Please provide the criteria and standards that law exams must meet,
specifically addressing spelling, grammar, and punctuation of exam questions.
Complaints and Actions Taken:
5. Regarding the 2023 academic year, have any complaints been received by the
university regarding the LAWS312 course or the lecturer?
5a. If so, please detail the nature of these complaints and outline the actions
taken by the Faculty of Law to address the issues raised.
In-Person Examination Policy:
6. What is the rationale behind requiring LAWS312 examinations to be
conducted in-person, while other courses at the university offer online
examination options? Please provide a detailed explanation, including any
relevant policies or regulations.”
Approval Process
1. Please provide a detailed description of the approval process each exam underwent
before being administered to students.
2. Please list the names of all organisations and individuals involved in reviewing and
approving the exams.
Laws312 - Equity, Trusts and Succession is subject to the New Zealand Council for Legal
Education (CLE) requirements for external moderation of examinations (attached).
Accordingly, pursuant to CLE requirements, both the 2023 and 2024 examinations were
sent to an external moderator nominated by CLE, after being developed by the course
teacher and coordinator and being reviewed by academic and professional staff within the
Faculty.
The external moderator is appointed by the CLE and typically will be an eminent expert
in the relevant area of law. The moderator reviews the examination to ensure that the
assessment questions are appropriate and that the relevant prescribed subject matter is
covered. The moderator will consult with the course coordinator/ teacher if there are any
concerns around the examination.
The assessments for Laws312 in 2023 and 2024 were developed and drafted by the course
teacher and coordinator, Professor Geoff McLay. The external moderator was John
Greenwood.
The examinations were also reviewed by two other experienced law academics at Te
Herenga Waka, one an expert in the subject matter and by Faculty of Law Examinations
Senior Administrative staff who reviewed and proofread the examination paper for
compliance with examination protocols.
Feedback and Improvements:
3. Was any advice or feedback provided by the reviewers to improve the exams in either
year? If so, please provide details of this feedback.
It is normal practice for the CLE appointed moderator to provide feedback to the
academic who develops the exam. Moderator feedback for the 2023 and 2024 exams is
attached. Please note, some information is withheld in accordance with s9(2)(a) of the Act
in order to protect the privacy of natural persons. Additionally, a small amount of
information not relevant to your request has been redacted.
Exam Standards and Criteria:
4. Please provide the criteria and standards that law exams must meet, specifically
addressing spelling, grammar, and punctuation of exam questions.
Law examinations in courses that are covered by the CLE requirements must include
questions with legal issues that cover the prescribed mandatory content for that course.
The ‘criteria and standards’ for such law examinations therefore must comply with this
prescription. This process is subject to oversight by the CLE appointed moderator. More
generally, law examinations must comply with the
University Assessment Handbook
requirements for the setting of assessment.
Law examinations should meet the practices of effective legal pedagogy. That pedagogy
will be course and assessment item specific, but typically will include ensuring that
examinations cover material that has been set in course readings, which is explained by
the lecturer in class, and where students are given opportunities for participation and
feedback etc. Checking of spelling, grammar and punctuation occur as a routine part of
the development of examination questions. Despite best efforts, some typographical
errors may still arise. Such style considerations do not go towards the substance of
whether the examination questions meet the substantive criteria and standards set by the
CLE.
Note: Equity is a complex and highly technical area of law. It requires students to draw on
their knowledge across many areas of earlier law study in order to understand the
complex interactions that are set in an equity assessment item. In class participation is
vital to gaining expertise in this area of law. Typically, students may have difficulty in
readily answering equity examination questions, notwithstanding, the expertise of the
relevant teacher and the quality assurance provided by the external moderation
procedure.
Complaints and Actions Taken:
5. Regarding the 2023 academic year, have any complaints been received by the
university regarding the LAWS312 course or the lecturer?
5a. If so, please detail the nature of these complaints and outline the actions taken by the
Faculty of Law to address the issues raised.
The Faculty of Law identified an initial error in the automated marking of an exam for
LAWS312 in Trimester 2 2023. That error was remediated, and the correct marks for
individual students were ascertained. As is the usual practice a scaling (as provided in the
Assessment Handbook) was applied to the marks’ distribution for the entire class. At that
time, a comprehensive explanation and justification of this process was provided to
students in Laws 312. Whilst this error affected a number of students, only one written
complaint was received.
In-Person Examination Policy:
6. What is the rationale behind requiring LAWS312 examinations to be conducted in-
person, while other courses at the university offer online examination options? Please
provide a detailed explanation, including any relevant policies or regulations.
It is a CLE requirement that LAWS312 examinations are conducted in-person. Note: all
final examinations in courses covered by CLE regulations are subject to the same
stipulation.
You have the right to seek an investigation and review by the Ombudsman of the
decisions made regarding this request. Information about how to make a complaint is
available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
If you wish to discuss this decision with us, please feel free to contact me at
[VUW request email].
Ngā mihi nui
Blair Doherty
Senior Advisor, Official Information and Privacy
Legal Services
Te Herenga Waka—Victoria University of Wellington
