University of Auckland vice-chancellor Dawn Freshwater is driving the proposal to merge its law and business faculties.
University of Auckland vice-chancellor Dawn Freshwater is driving the proposal to merge its law and business faculties.
The University of Auckland wants to merge its law faculty with its business and economics faculty.
It has faced significant backlash, and the proposal was voted down by the university’s senate.
The proposal will be decided at a meeting on April 7 – which will be public after complaints about secret decision-making.
One of the University of Auckland’s major donors has joined the fight against a proposed merger of its law and business faculties.
And with the contentious merger set to be voted on next week, opponents are warning about the prospect of “very public litigation” if the university council approves it.
Dr John Mayo, who has donated to the law school for 20 years, said if the plan went ahead, it would diminish the standing of the 140-year-old law school.
“I am quite offended by the proposal because I did not intend my financial support to end up as an adjunct to the business school,” Mayo told the Herald.
“It really is discouraging to myself and other donors to find that situation could eventuate.”
Mayo’s wife Marylyn, who died in 2002, established a scholarship for law students suffering financial hardship, and he donated $2 million to the law school in 2017.
The endowment would not be affected by the proposal, but Mayo was concerned about the law faculty being absorbed into the much larger business and economics faculty. It would place too great a focus on the business aspect of law and make it more difficult to attract and retain top academic staff, he said.
A decision on the merger was originally scheduled to be made by the university’s council behind closed doors earlier this month. After complaints about secrecy and a legal letter from opponents, it will now be discussed at an extraordinary meeting on April 7, which will be accessible to the public.
Vice-chancellor Dawn Freshwater is among the university leaders driving the proposal. Sources said the fact the matter is progressing to a vote suggests Freshwater is confident it will be approved by the council.
But there could be further hurdles. Several parties are understood to be preparing a judicial review if the merger is backed at the extraordinary meeting. One source warned King’s Counsels and top barristers would be involved and the legal challenge would be “very public”.
The combined faculty was first put forward by the university in November.
In its original proposal, the university said the merger would align the two faculties with its broader strategic goals and encourage greater collaboration.
“It would provide economies of scale that enhance resources and support for research, particularly benefiting academic staff and students through increased access to donor-funded research centres and specialised support that have not previously been available in law,” the proposal said.
The university has also pointed out many overseas universities’ law schools sat within another faculty – though opponents note all of the world’s top law schools are stand-alone entities.
A review committee considered 800 submissions and recommended significant changes if the merger were to go ahead – including a reversal of a proposal to split the law faculty into private and public law. Further changes were possible, a university spokesperson told the Herald.
The merger was overwhelmingly rejected by the senate, the university’s peak body. A chorus of law academics, alumni and prominent law firms have also expressed their opposition.
A university spokesperson said the senate’s advice was being carefully considered along with the submissions.
“The vice-chancellor and council will also be bearing in mind non-academic matters and the broader university context when considering a decision,” the spokesperson said.
Some opponents were surprised the merger is still being considered given the senate’s rejection.
“How often would the council make a decision in direct opposition to such a strong rejection by the senate?” asked Law Association of New Zealand chief executive Clayton Kimpton, whose organisation opposed the merger. “I would have thought that would weigh heavily on the council.”
Law Association of New Zealand chief executive Clayton Kimpton said it was extremely rare for the university's council to go against the advice of its senate. Photo / Dean Purcell
The Law Association argued in its submission the merger would undermine the law school’s status and independence, and shifted it too far towards business priorities at the expense of ethics, public law and indigenous law.
It also said there was no clear financial justification for the merger and raised concerns about the rushed process – consultation took place over the Christmas break when most law offices were closed.
Tertiary Education Union organiser Nicole Wallace said the university had still not clearly laid out the justification for the proposal.
“Academic decisions should be made by academics,” she said. “They’re the experts. And in this situation, the law academics have put forward a very strong argument as to why this proposal is a bad idea for the teaching of law, for the research of law, for law as a profession in New Zealand.”
If the proposal were to go ahead, the faculties would be merged but remain in their separate buildings on campus. Photo / Trends Publishing / Jamie Cobeldick
There is another key factor driving the proposal, which the university described as “evolving Government priorities”.
The contentious proposal comes as Government conducts a review of New Zealand universities, which could lead to funding changes or an even narrower focus on subjects which are seen to underpin economic growth.
Some sources said they believed the university was aiming to get ahead of the review by streamlining faculties even further. It has already merged arts, creative arts and education faculties. A separate proposal for a major shake-up of courses was paused after a backlash from academics last year.
If the merger is approved, the new conjoined faculty will be introduced in 2026.
Isaac Davison is a senior reporter who covers Auckland issues. He joined the Herald in 2008 and has previously covered the environment, politics and social issues, and healthcare.
