Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Landmark decision by Court of Appeal

Landmark decision by Court of Appeal

The Associate Minister of Education (Special Education), Lianne Dalziel is pleased the Court of Appeal has given its decision in the special education case Attorney General v Daniels and Others.

"This is a landmark decision as the earlier High Court judgment appealed by the Crown had serious ramifications for education.

“A full bench of the Court of Appeal has upheld the Crown's interpretation of sections 3,8, 9 and 10 of the Education Act. The court has said the policy known as Special Education 2000 does not breach the education rights of children with special education needs," said Lianne Dalziel.

"Last year’s High Court decision went too far. There is no ‘free standing’ general right to education of the kind found by the High Court judge, " Lianne Dalziel said.

The High Court did, however, find that the 1998 decision by the former Minister of Education to disestablish special education units did not comply with section 98 (2) of the Education Act. The section requires a locality-by-locality comparison of existing and proposed resources.

"This should have been done before the decision was taken and not shortly afterwards as happened,” said Lianne Dalziel.

This issue is therefore to be referred back to the High Court to see what remedy, if any, should be made.

Although the previous government disestablished all the country’s special education units (approximately 350), in fact around 230 remained open.

The Court of Appeal also noted that a critical part of SE2000 was the increased resourcing that saw funding rise from $170m in 1995 to $329m in 2002. The numbers of students directly receiving assistance rose from about 20,000 in 1995 to over 50,000 today.

Lianne Dalziel said the provision of special education has moved on since the case was lodged.

“I am looking forward to the conclusion of the remedies hearing, so I can re-open my door to direct discussions with parents, which could not occur while the case was in progress. I am keen to have their input into developing the Learning Support Network as the future direction for children with special needs,” said Lianne Dalziel.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced


Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>


Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>


Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>


Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>


Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>


Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>




Featured InfoPages

Opening the Election