Law, Business, and Economics Merger Resources

We Are The University

Thu Dec 19 2024 13:00:00 GMT+1300 (New Zealand Daylight Time)

External Resources

RNZ Nine To Noon Unease at Proposal to Change Auckland's Law School Writeup here

Notes

The concequences of this merger are particularly hard on the law faculty. Here are some notes that will be expanded on as we go.

• A merger would undermine the Law faculty's independence, which is crucial for engaging with diverse communities and upholding the rule of law.
• Its independence is essential for providing a broad legal education that is not influenced by specific specializations.
• The Law Faculty is Aotearoa New Zealand's leading law school, known for its world-class scholars and high-achieving students. The merger could jeopardize this reputation and international standing, international rankings, and make it harder to attract top academics and students.
• The Faculty of Law is a small but well-performing faculty, and combining with a larger faculty will lead to a significant loss of institutional knowledge and expertise. This could detract from research and administrative tasks that are crucial for the Faculty's success.
• The Faculty of Law holds responsibilities and roles which this merger makes more difficult, such as compliance with the Council of Legal Education, JD specialists, and pastoral care programs. They suggest a Memorandum of Understanding (MOU) to outline the governance structure and roles.
• The proposed merger would be detrimental to the Faculty's independence, reputation, and ability to maintain the Law Faculty's high standards of legal education and research. It is not possible to address the challenges the administration identifies but require more clarity to ensure the Faculty's future is protected.
• The Faculty of Law needs a distinct identity ensuring students and scholars can continue to excel in a broad range of legal fields, free from commercial influences. The proposed merger does not align with the values and goals of the faculty.
• A combined faculty might limit opportunities for interdisciplinary research and engagement with the business community. The sources of funding for a Business Faculty could create conflicts of interest for legal research and engagement projects, potentially undermining the Law Faculty's core activities.

Procedural Concerns

• The Law Faculty was not consulted separately with Te Tai Haruru (Māori law staff) before the proposal was finalized.
• The timing of the proposal and consultation period is problematic, as it coincides with a period of leadership transition and important academic processes.

Official Information Act Request – Luke

Attached documents: 1

1. Who in the Faculty of Law was consulted about this proposal prior to the announcement, and what was their position?

The Vice-Chancellor consulted with the University Executive Committee on 5 November 2024, before meeting with the deans of both faculties on 11 November 2024, where she asked for their review of the consultation document (which was in a draft state) and on the approach to consultation.

2. In designing this proposal, has the University considered examples of joint faculty law schools overseas? If so, what were they?

NO RESPONSE

3. In designing this proposal, did the University consider or recognise that no large internationally recognisable University has its Law School as part of a joint faculty with Business or Economics?

The University’s considerations for the proposal are described in the attached internal memorandum that went to the University Executive Committee on 5 November 2024. The proposal is still being consulted on, and therefore, further considerations may arise during the consultation and feedback process.

4. Has the University considered, or does it have plans to close the Davis Law Library permanently should the Faculties be merged?

Separate to the proposal to combine the Faculty of Law with the Faculty of Business and Economics, the University has a proposal to build a new Law and Performing Arts building on the City campus. Attached is a copy of the proposal for this new building. This proposal envisages that the current Law collection will move to the General Library when the new building is occupied. The proposal for a new Law and Performing Arts building is entirely independent to the proposal to merge the Law, and Business and Economics faculties and is therefore not contingent on the proposed faculty combination proceeding. Attached is a document titled ‘Law FAQs August 2024’ which has been provided as part of the consultation process and gives further detail regarding the Davis Law Library.

5. Has the University measured or considered the reputational harm and/or loss of goodwill associated with restructuring the Faculty of Law?

As above, the University’s considerations for the proposal are described in the attached internal memorandum that went to the University Executive Committee on 5 November 2024. The proposal is still being consulted on, and therefore, further considerations may arise during the consultation and feedback process.

Nine To Noon Writeup

There's growing unease at a proposal from Auckland University to fold its 140-year-old law school into its business and economics faculty. The university is also planning to have two law departments under the new structure: one for private law and one for public law. Some law school staff are planning a submission against the proposal but are declining to speak publicly at this stage. They are concerned about the loss of independence for the law school and the perception that the focus would be on commercial law.

A former leading student representative has expressed frustration among some students who believe the merger is simply a cost-cutting measure. The Criminal Bar Association is also concerned that the move could detract from a student's learning of the whole picture of the legal system. Its Vice President, Samuda Thode, argues that legal education should not just be for those who wish to apply their skills in business but should also be a forum to learn about the foundations of the justice system and how to advocate for justice in our courts.

Clayton Kimpton, Chief Executive of the Law Association, formerly known as the Auckland District Law Society, and a graduate of the Auckland University Law School, shares the Law Association's concerns. They are actively involved in sponsoring the law school awards and are supportive of the Equal Justice Project and the student body. Kimpton notes that while they have reviewed the consultation documentation, there are several concerns that have come to the surface. He mentions that while the university has given assurances that the concerns will be addressed, he has not spoken to a practitioner who supports the proposal. He also points out that a number of senior practitioners are very concerned about the proposal.

Kimpton explains that the merger itself is creating the biggest concern among the profession. He questions the logic of splitting the new faculty into two departments, one for private law and one for public law. He argues that the university's proposal does not explain why it wants to separate the commercial and economic aspects from the public and criminal law. He believes that Auckland's law school is the preeminent law school in New Zealand and that changing its focus to just commercial and economic law would alter the very nature of the degree and the reputation of the law school.

The proposal states that the combined faculty will act as a gateway where business leaders gain direct access to legal expertise and legal professionals draw on the range of commercial, corporate, and related expertise. This, Kimpton suggests, is where the concerns arise, not from any assumption, but from the way the proposal is being designed.

The Criminal Bar Association is particularly concerned about the direction the University of Auckland School of Law may head under this proposal. Its Vice President, who is in court today, emphasizes the need for bright young lawyers with passion and the expertise to protect the right to justice for all communities. She warns that without the support and resources to gain the very best education and criminal advocacy, New Zealanders will miss out on a generation of lawyers who would uphold the rights of the most vulnerable, making the already struggling justice system even less accessible and risking serious miscarriages of justice.

The Law Association is involved with the Equal Justice Project at Auckland University, which arranges for law students to be appointed to the specialist standing committees in 18 different areas. These committees meet and make submissions on new pieces of legislation or areas of real concern to the Law Commission and others. This engagement is seen as valuable for law students to see how lawyers in practice think and work.

Regarding the documents the Law Association has been reviewing, Kimpton notes that while the university is under financial pressure, he couldn't see a clear link between resolving these pressures and the need to merge the two schools and then have two different departments. He is not convinced that one cannot be sorted without the other.

The university's draft proposal was released last month, and feedback from staff and students is being received until January 20th. The decision is expected in March, and if it goes ahead, the amalgamation would take effect in the second half of 2025. The proposal states that substantive academic roles would remain unchanged, but after the amalgamation, there would be a review of professional staff to ensure they meet the needs of the new mega faculty. The university has stated that the proposed new arrangements are designed to retain and build on the unique identities and strengths of both faculties, ensuring the legacy and prominence of Auckland Law School and Auckland Business School remain. No further comment is being provided while submissions are being received.

The concerns raised by the Law Association and the Criminal Bar Association highlight the importance of maintaining a broad-based legal education that includes both commercial and public law, as well as the need to protect the rule of law and access to justice. The decision on the proposal is expected to have significant implications for the future of legal education at Auckland University.