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

 

August 4: Centenary Of New Zealand Entering The First World War

PM John Key: I move, that this House recognise that on the 4th of August 2014, we will mark the centenary of New Zealand entering the First World War... More>>

ALSO:

Cyclists Net First NZ Gold

New Zealand won a gold meal and two bronzes on the first day of the Commonwealth Games. There was joy and heartbreak in an incredibly full day of sport. Here's how the New Zealanders fared. More>>

Cap Bocage: Anti-Mining Campaign Doco Debuts At NZ Film Festival

Playing at this year’s New Zealand International Film Festival, Cap Bocage is a close-up exploration of the forces that came into play when environmental issues and indigenous rights became intertwined in New Caledonia ... More>>

Film Fest:

More Film:

Sharon Ellis Review: A View From The Bridge

Arthur Miller’s A View From the Bridge is Circa’s latest big production, it opened on Saturday 19 July and it is a stunning triumph. More>>

Māori Language Week: He Karanga Kia Kaha Ake Te Tīhau Ki Te Reo Māori

The Māori Language Commission wishes to see social media swamped with Māori language tweets and messages for Te Wiki o te Reo Māori using the hashtag #tekupu. More>>

ALSO:

Book Vote: Kiwis Prefer Young Adult & Classics

To compile their Top 100 List for 2014, Whitcoulls again asked New Zealanders to vote for their favourite books and authors. And while classic novels continue to appeal to Kiwi readers, 2014 marks a significant new trend – the increasing popularity of novels for young adults. More>>

ALSO:

Five NZ Cities: Bill Bailey Back To The Southern Hemisphere

The gap between how we imagine our lives to be and how they really are is the subject of Bill’s new show Limboland. With his trademark intelligence and sharp wit, he tells tales of finding himself in this halfway place. More>>

Scoop Review Of Books: Book Television Is Coming

Carole Beu of The Women’s Bookshop in Auckland, Graham Beattie of The Book Blog and producer Deb Faith of FaceTV have raised enough money via crowd funding at Boosted – just under $7,000 so far – for 12 episodes, which begin production in September, and will be on screen later that month. More>>

Get More From Scoop

 
 

LATEST HEADLINES

 
 
 
 
Education
Search Scoop  
 
 
Powered by Vodafone
NZ independent news