Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Judgment: Phillipstown School Trustees v Minister of Ed

IN THE HIGH COURT OF NEW ZEALAND

CHRISTCHURCH REGISTRY

CIV 2013-409-1266

[2013] NZHC 2641

BETWEEN BOARD OF TRUSTEES OF PHILLIPSTOWN SCHOOL
Plaintiff

AND THE MINISTER OF EDUCATION
Defendant

Hearing: 30 September and 1 October 2013

Appearances: M Chen and D Gardiner for Plaintiff

K L Clark QC and S McKechnie for Defendant

Judgment: 9 October 2013

JUDGMENT OF FOGARTY J

...

Summary

[1] The Board of Trustees of Phillipstown Primary School (Phillipstown) has applied to the High Court for orders to set aside the Minister of Education’s decision to merge the school with Woolston Primary School (Woolston), on Woolston’s site.

[2] The Education Act imposes on the Minister a consultation process before she can merge or close a school. The requirements of consultation are not defined in the Act. Rather they are set by the common law. Persons being consulted need to know the reasons for the proposed decision, so that they can respond meaningfully.

[3] The consultation process started with a clear presentation to the Board of the reasons for merger with Woolston, then onto the Linwood College site. The process thereafter failed the requirements of the law in two respects. First, the importance of cost of Phillipstown continuing on its site was mistakenly played down. Second, for a miscellany of reasons, the financial information being relied upon by the Minister was not reasonably broken down and explained in a manner which would have enabled a critique. These two failures of process led the Board to not make submissions on the costs, other than to complain about the inadequacy of information.

[4] These failures of process mean that the Minister has not lawfully merged Phillipstown with Woolston. Her decision is declared unlawful and is not valid. The Crown has advised the Court that closure of the school was not inevitable. The unintended errors of process can be corrected by the consultation process being resumed, before the Minister makes another decision.

[5] The Board is entitled to costs.

Full judgment: Board_of_Trustees_of_Phillipstown_School_v_Minister_of_Education_2013101.pdf

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Parliament Today:

Werewolf: The Defence Pretence

Last year, the world began spending more money on weapons again, for the first time since 2011... New Zealand belongs to a region – Asia and Oceania – where military spending rose sharply in 2015, by 5.4 per cent. More>>

ALSO:

Gordon Campbell: On Not Crying Foul, Argentina

So a couple of guys found to be criminally liable of environmental pollution in Argentina lodge an application with the Overseas Investment Office… in order to buy some prime New Zealand rural land. Seems that their factory back home had carelessly and/or intentionally discharged toxic waste into the Lujan river. Bummer... More>>

ALSO:

Urban & Rural: $303m To Merge And Modernise New Zealand’s Fire Services

Internal Affairs Minister Peter Dunne today announced funding of $303 million over five years to combine urban and rural fire services into one organisation from mid-2017. More>>

ALSO:

High Trust Regime: What Did The PM Tell His Lawyer About Foreign Trusts?

The Government stopped the IRD from reviewing New Zealand foreign trusts shortly after the Prime Minister’s lawyer wrote to the Revenue Minister claiming John Key had promised him the regime would not be changed. More>>

ALSO:

Road Crime: Wicked Campers Vans Classified As Objectionable

The definition of publication includes any "thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words", The Classification Office has previously classified such 'things' as billboards, t-shirts, and even a drink can. This is the first time the Classification Office has classified a vehicle. More>>

ALSO:

'When New' Repairs: Landmark EQC Settlement

The Earthquake Commission has cut a deal with 98 Canterbury homeowners that affirms the government entity's responsibility to repair earthquake-damaged property to a 'when new' state, as well as covering repairs for undamaged parts of a property and clarifying its position on cash settlement calculations. More>>

ALSO:

Gordon Campbell: On Kiwirail’s Latest Stint In The Dogbox

The denigration of Kiwirail continues. The latest review (based on a 2014 assessment) of the options facing the company have enabled Kiwirail to be hung out to dry once again as a liability and burden on the taxpayer. More>>

ALSO:

Royal Society Report: Good Opportunities To Act Now On Climate Change

There are many actions New Zealand can and should take now to reduce the threat of climate change and transition to a low-carbon economy, a report released today by the Royal Society of New Zealand finds... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news