Whiteboard for 4 September 2008
Recent cases
ADMINISTRATIVE LAW - appeal against HC decision quashing a decision of the 1st appellant, the Principal of Lynfield College, to suspend the respondent, J, a 16 year old student at the College, and quashing the later decision of the 2nd appellant, the Board of Trustees of the College, to expel him – as a result of HC decision J had been reinstated and remained a student at the College - case raised a number of issues relating to the suspension or expulsion of a student from a state school or an integrated school – argument focused on two aspects of the process undertaken by a school when considering suspension and expulsion of a student: - (a) the extent of natural justice requirements that applied when a Principal or teacher was undertaking an investigation of misconduct, which might subsequently found a decision to suspend a student; – (b) whether a Principal must consult the parents of student before making a decision to suspend
HELD: whilst Principal and Board had made it clear J was to continue to be a student of the College regardless of the outcome of the appeal, this did not render issues raised moot – order for costs made in HC, against Principal and Board, remained extant and was in issue on appeal, providing grounds to entertain appeal – HCJ was wrong to require parental involvement in investigation and questioning of students, where misconduct that potentially could lead to suspension was alleged – imposing such a requirement was not necessary and was at odds with legislative policy in both the Education Act 1989 (the Act) and the Education (Stand-down, Suspension, Exclusion and Expulsion) Rules 1999 (the Rules) – all that was required was the fair treatment of students – further, a failure to involve parents in an otherwise fair process, would not breach principles of natural justice or compromise the basis of a decision of suspend a student – neither the Act nor the Rules contained a requirement that a Principal consult with parents before making a decision to stand-down or suspend a student – rather the requirement to engage with parents arose after the stand-down or suspension decision was made – it might be that in some circumstances, where the school had limited information about a student, consultation with a parent would be necessary for a Principal to inform himself or herself about the student – in other cases it might be good practice to involve a parent - however the obligation of a Principal was to act fairly; what was required to meet that obligation would depend on the facts of the particular case – there was no rule of law that a Principal must involve parents prior to making a decision to suspend in every case – the suspension of a student must be reviewed by the Board of Trustees within 7 days, and provision was made for parental participation in that process – evidence before HCJ did, however, provide a proper basis to conclude that Principal had not satisfied himself as to the statutory grounds existing for suspension of J, and the invalidity of the suspension then removed the statutory basis for the subsequent expulsion – further, Board also appeared to have failed to engage with the statutory criteria when determining to expel J – in such circumstances decision to suspend J for a second time and consequent decision to expel J, were invalid - HC decision upheld – appeal dismissed
Bovaird and The Board of Trustees of Lynfield College v J [2008] NZCA 325
Notices & notes
Legislation passes to enable sustainable biofuels
The Biofuel Bill allows for an increasing proportion of New Zealand’s transport fuel to be produced locally, from by-products of the dairy or beef industry, and in the future from wood and grasses grown on marginal land, or from algae from sewage ponds.
Stronger protection for investors
Finance companies, building societies, credit unions and other deposit takers will be required to obtain credit ratings and meet tougher prudential requirements with the enactment of the Reserve Bank Amendment Bill (No 3).
More affordable housing
A Bill giving territorial authorities new powers to get more affordable homes built for first-homes buyers and modest-income families who are renting has been passed. The Affordable Housing: Enabling Territorial Authorities Bill aims to give councils tools to stimulate the provision of more affordable housing, where a shortage is identified in their city or district.
Real Estate Agents Bill passed
The Bill overhauls the Real Estate Agents Act 1976 and ends self-regulation by the industry.
Construction law meetings
Lawyers interested in construction law are invited to attend meetings of the New Zealand Society of Construction Law in Auckland on Thursday, September 11 and in Wellington on Thursday, September 18. The theme for the next meeting is “Design and Build Contracts: Novation”. Speakers include Mr Derek Firth, Auckland Barrister and Adjudicator; Mr Dan Ashby, Managing Director of Brookfield Multiplex; Mr Brian Aitken, Director of Peddle Thorp Architects; and Mr Adam Thornton of Dunning Thornton. The evening concludes with an informal dinner and the opportunity to meet with others involved with construction law.
Practitioners who would like to attend the meeting or obtain more information should contact Trina Lincoln.
Tax treaty developments
New tax treaty devlopments with Czech Republic, Mexico, Austria and Netherlands Antilles.
Government legislates to make KiwiSaver fairer
The government has introduced legislation to Parliament to ensure employers meet their obligations to pay contributions to their employees.
Buddle Findlay Sargeson Fellowship
Applications are now open for the 2009 Buddle Findlay Sargeson Fellowship, a national literary fellowship, and close on Friday 7 November 2008.
Sustainable regulation - help rather than hindrance
A speech given by Cathy Quinn (Member of the Securities Commission) at the Association of Superannuation Funds New Zealand (ASFONZ) 2008 Conference.
Caregiver parents case at Human Rights Review Tribunal
Parents who say they are discriminated against in how the Ministry of Health funds care of their disabled adult children begin their legal case in Auckland this week.
Guide shows how smart businesses retain older workers
The guide, Valuing Experience: a practical guide to recruiting and retaining older workers, provides information both on older worker's rights and responsibilities and tips for employers.
Consultation on request for approval of Austraclear NZ's proposed electronic registry interface under section 7 of the Securities Transfer Act
The Securities Commission seeks comments on a request from the Reserve Bank of New Zealand for the approval of a proposed electronic registry interface for the Austraclear New Zealand System as an electronic securities transfer system under section 7 of the Securities Transfer Act 1991.
The Inaugural Shirley Smith Address
The Wellington District Law Society Women-in-Law Committee invites you to the Inaugural Shirley Smith Address to be given by Hon Margaret Wilson MP
Speaker of the House of Representative. Thursday 18 September 2008. Rutherford House,Pipitea Campus,Victoria University, Wellington.
Crown Submission on Central Wind resource consent application
The Minister for the Environment has used his powers under the Resource Management Act to lodge a Crown submission on the Central Wind windfarm proposal in the Central North Island. The submission recognises the importance of renewable, low-carbon energy generation and security of supply, and covers wind energy potential.
New Zealand Criminal Justice Sector Outcomes Report June 2008
Privacy at work - A guide to the Privacy Act for employers and employees
This new book published by the Office of the Privacy Commissioner uses examples and discussion to illustrate some of the major privacy questions at work, and how to resolve them.
St Thomas More dinner
The annual St Thomas More Dinner is to be held at the Northern Club, Princes St, Auckland on Wednesday 10 September 2008.
The speaker is Patrick McClure, currently a director of Macquarie Bank Australia and previously the chief executive of Mission Australia, formerly Sydney City Mission. A booking form may be obtained from Bernard Smith.
Human Rights at the frontier
The Legal Research Foundation is hosting a 1 day conference "Human Rights at the Frontier: New Zealand's immigration legislation - an international law perspective".
Friday 12th September 2008, 8:30am - 5:00pm at the Hyatt Regency Hotel, Waterloo Quadrant, Auckland.
RAMs Ball
The 2008 Hays Legal RAMs annual ball is to be held on Saturday September 20 at St Matthews church in central Auckland. Tickets are $67.50 per person including GST and partners are welcome to attend. RSVP with payment to Eileen Yee at ADLS, PO Box 58, Shortland Street, Auckland.
Introduction to Dispute Resolution October 1-5
This Arbitrators' & Mediators' Institute of New Zealand (AMINZ) programme is intended for people who have some qualifications, or experience that is relevant to the practice of Dispute Resolution and who would like to enhance their knowledge and to enter the AMINZ pathway to credentialing. The programme will cover the syllabus requirements for Associate membership of AMINZ, which focus on advice on and participation in ADR processes.
Australia and New Zealand Sports Law Association conference
The ANZSLA 2008 Conference 'Sport:A political football' will be held at the Melbourne Cricket Ground (MCG) between October 15th -17th.
In the news
Donovan, Brooke. "Small businesses welcome law on work breaks". The New Zealand Herald, 4 September 2008, page A6
Koubaridis, Andrew. "Judge slaps blanket ban on news reports of hearing for Ruatoki 18". The New Zealand Herald, page A4
Claire Trevett "Commissioner: Law silencing public debate" The New Zealand Herald, 3 September 2008.
Internet sites
The Hague Justice Portal
Initiated by The Hague Academic Coalition and launched by Her Royal Highness Princess Margriet of the Netherlands in 2006, The Hague Justice Portal serves as the online presence of the Hague organisations and their work on issues related to international peace, justice, and security. On the homepage, visitors can get acquainted with their work by perusing the "News" area and also looking over the list of legal events which appears along the right-hand side of the page. The "International Justice Forum" section contains a series of interactive forums designed to facilitate discussion on topics related to international law and the Hague Justice Journal contains articles on sovereignty, victim participation in the legal process, and other related matters. (From The Scout Report, Copyright Internet Scout 1994-2008)