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

 

Game Review: Midsomer Murders Meets First Year Philosophy

Developed by The Chinese Room, Everybody's Gone to the Rapture sees the player exploring what appears to be a recently abandoned idyllic English village trying to figure out where everybody's gone. Spoiler: they've gone to the rapture. (On a serious note, this review contains plot spoilers.) More>>

Scoop Review Of Books: Clear Science

It was really after his move to Wellington, to Victoria University, that it became apparent that Sir Paul Cllaghan was much more than an eminent physicist... More>>

ALSO:

Francis Cook: Weekend SportzMania! All Blacks! Netball!

Sports were on all weekend. I normally don’t write about sports but with Richie McCaw tipped to be the next Prime Minister, and Colin Craig arguing sports are almost as important as politics, I thought “what better time to start!” More>>

ALSO:

Beervana: Aussie Pav Beer Declared Taste Of NZ

In a surprising upset, an Australian beer modelled on the pavlova, created by Brisbane brewery Newstead Brewing, the 250 Beers blog and Scratch Bar, has been announced the winner at the Beervana craft beer festival ‘Flag Brew’ competition, which challenged media and brewing teams to capture the distinctive taste of New Zealand. More>>

ALSO:

Transport: Air NZ Teams Up With All Blacks For Men In Black Video

Inspired by the Columbia Pictures global film franchise Men in Black, Air New Zealand’s latest safety instalment features All Blacks’ Captain Richie McCaw and Dan Carter as Men in Black agents. More>>

ALSO:

World Champions: BRADAS Of Identity Company Take On The World And Win Gold

This is only the second time since NZ has qualified for the HHI world finals that NZ has taken home a GOLD medal in this division. REQUEST Dance Crew being the only other NZ crew to achieve this. New Zealands only other medal this year was Silver for the Royal Family in a very close final in the Megacrew division. More>>

Scoop Review Of Books: Contrary To Popular Belief - Lloyd Geering

Many older Dunediners like myself, and indeed older Presbyterians and others throughout the country, will remember the controversy aroused by the articles and speeches of Professor Geering, Principal of Knox College Theological Hall in the late 1960s... More>>

Get More From Scoop

 
 

LATEST HEADLINES

 
 
 
 
Education
Search Scoop  
 
 
Powered by Vodafone
NZ independent news