Education Policy | Post Primary | Preschool | Primary | Tertiary | Search

 


Judgment: Lucan Battison v St John's College

[OCR scan of original document, may contain errors. Please refer to original document: Battison_v_Melloy_Media_Release.pdf
Full judgment: Battison_v_Melloy.pdf
]

27 June 2014

MEDIA RELEASE - FOR IMMEDIATE PUBLICATION

LUCAN WESLEY BATTISON suing by his Litigation Guardian TROY PATRICK BATTISON v PAUL MELLOY and THE BOARD OF TRUSTEES OF ST JOHN’S COLLEGE

[2014] NZHC 1462

PRESS SUMMARY

This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest www.courtsofnz.govt.nz

Lucan Battison sought judicial review of decisions suspending him from St John’s College, Hastings and the conditions imposed by the Board of Trustees on his return to the college. The decisions of the principal and Board of Trustees stemmed from the length of Lucan Battison’s hair and his refusal to comply with the requirements of the School’s hair rule Which says a student is to have “hair that is short, tidy and of natural colour. Hair must be off the collar and out of the eyes. (Extremes, including plaits, dreads and Mohawks are not acceptable)”.

In addition, the Board has said Lucan Battison’s hair must be cut to the satisfaction of the principal as a condition to him returning to the School.

Lucan Battison is willing to Wear his hair tied in a bun. When he does so his hair is above his collar and ears and out of his eyes.

The High Court has concluded that the decisions suspending Lucan Battison did not comply With s 14(1)(a) Education Act 1989 Which says a student can be suspended by a principal if he or she is satisfied on reasonable grounds that the student’s misconduct or continual disobedience is a harmful or dangerous example to the other students at the school.

The High Court has also concluded that the conditions imposed on Lucan Battison’s return to the college by the Board were unreasonable in the circumstances of this case because the hair rule does not say a student’s hair must be cut to the satisfaction of the principal. ln addition, the High Court has concluded that the college’s hair rule, as it is currently worded breaches the common law requirement that rules, such as the college’s hair rule, be certain.

The High Court judgment does not rule on the general lawfulness of schools having hair rules and it does not affect school uniform rules. The High Court’s judgment is confined to the circumstances of the ease brought by Lucan Battison.

[Original document: Battison_v_Melloy_Media_Release.pdf
Full judgment: Battison_v_Melloy.pdf
]

© Scoop Media

 
 
 
 
 
Culture Headlines | Health Headlines | Education Headlines

 

Anniversaries: Vivid Memories Four Years After Christchurch Quake

Four years ago, an earthquake that would change the lives of thousands shook Christchurch at 12.51 p.m. More>>

ALSO:

Environment 'n' Conservation: Slash Meets Tāne The Tuatara

Rock and Roll superstar and former Guns 'n' Roses guitarist Slash visited Zealandia Ecosanctuary along with collaborating band Myles Kennedy and the Conspirators. More>>

Foo Fighters: Exclusive Show In Support Of Music Foundation

Frontier Touring has today announced that the Foo Fighters will play a last minute intimate and exclusive benefit show at the Auckland Town Hall this Friday February 20 with all profits going to The New Zealand Music Foundation. More>>

ALSO:

Canterbury Quakes: Feedback Sought On Short-Listed Memorial Designs

Six short-listed designs for the Canterbury Earthquake Memorial have been released for public input... The Memorial will honour the victims of Canterbury’s earthquakes and acknowledge the suffering of all those who lived through them as well as the heroism of those who participated in the rescue and recovery operations. More>>

ALSO:

Celia Lashlie: Legacy Will Live On

Social justice advocate Celia Lashlie leaves a legacy that will continue to have a positive impact on the lives of New Zealanders for years to come, Labour Leader Andrew Little says. “Celia was a powerful voice for reason, sense and compassion. Her work, particularly with teenage boys, was ground-breaking." More>>

ALSO:

Obituary: Sad Farewell To PPTA Activist Robin Duff

Duff has been a long-time fixture of the association... Most recently Duff has been working hard to support Canterbury teachers through the quakes that devastated the region. More>>

ALSO:

Poroporoaki: Dr Apirana Tuahae Kaukapakapa Mahuika

Papa Api was a man of many great gifts and occupied a long list of roles including priest, teacher, scholar, politician, and leader. Chair of Te Runanganui o Ngati Porou, and a rangatira of his iwi... More>>

ALSO:

Get More From Scoop

 
 

LATEST HEADLINES

 
 
 
 
Education
Search Scoop  
 
 
Powered by Vodafone
NZ independent news