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

 
Sheep: Shearing Record Smashed In Hawke’s Bay

Three shearers gathered from around New Zealand have smashed a World record by 264 sheep despite the heat, the pumiced sheep of inland Hawke’s Bay and a year’s wool weighing an average of over 3.5kg a sheep. More>>

ALSO:

Carrie Fisher: Hollywood In-Breeding & The Velocity Of Being - Binoy Kampmark

There was always going to be a good deal of thick drama around Carrie Fisher, by her own confession, a product of Hollywood in-breeding. Her parents, Debbie Reynolds and the crooner Eddie Fisher, provided ample material for the gossip columns in a marriage breakup after Eddie sped away with Elizabeth Taylor. More>>

  • Image: Tracey Nearmy / EPA
  • Gordon Campbell: On The Best Albums Of 2016

    OK, I’m not even going to try and rationalise this surrender to a ‘best of’ listicle. Still…maybe there is an argument for making some semblance of narrative order out of a year that brought us Trump, Brexit and the deaths of Prince, David Bowie, Leonard Cohen and Alan Vega, who I missed just as much as the Big Three. So without further ado….oh, but first a word from the sponsor More>>

    Emojis: World’s First Māori Emoji App Launched

    It’s here - the world’s first Māori emoji app Emotiki has landed just in time for summer roadtrips and santa stockings, with 200 Māori and Kiwi cultural icons for people to share their kiwiana moments with each other and the world. More>>

    ALSO:

    Howard Davis: Album Of The Year - Van Morrison's 'Keep Me Singing'

    2016 was a grand year for Van The Man - The Belfast Cowboy turned 71, received a knighthood, and reissued an expanded set of soul-fired live recordings from 1973 ('It's Too Late to Stop Now'). In the game for 53 years now, Morrison's albums consistently open new windows into the heart and soul of one of the most enigmatic figures in modern music. More>>

    Review: The NZSO Performs Handel's Messiah

    Max Rashbrooke: Saturday night's performance took the piece back to something like the way it would have originally been performed when premiered in 1742, with an orchestra of 20-30 players and only a few more singers. More>>

    Culture: Rare Hundertwasser Conservation Posters Found After 40 Years

    When Jan and Arnold Heine put a roll of conservation posters into storage in 1974 they had no idea that 42 years later they would be collectors items. More>>

    Get More From Scoop

     
     

    LATEST HEADLINES

     
     
     
     
    Education
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news