TEACHER Y v EDUCATION COUNCIL OF AOTEAROA NEW ZEALAND [2018] NZCA 230 [24 September 2018]
The Court granted leave to appeal and approved four specific questions of law (jurisdiction, whether use of restorative justice can constitute serious misconduct under s139AB, whether the appellant was a decision maker with power to initiate disciplinary investigation, and the applicability of s77), directing the...
Source-derived case information.
- Citation
- [2018] NZCA 230
- Parties
- Appellant: Teacher Y; Respondent: Education Council of Aotearoa New Zealand
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 24 September 2018
- Procedural Posture
- Appeal (application for Leave) Disciplinary Proceedings / Application for Leave to Appeal Heard in Court of Appeal; Leave Granted
- Outcome
- Leave to appeal granted by the Court of Appeal
- Legal Topics
- Jurisdiction of Disciplinary Tribunal, Serious Misconduct Under S139 AB, Restorative Justice Vs Disciplinary Process, Application of S77 Education Act 1989
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teacher Y
Appellant
Education Council of Aotearoa New Zealand
Respondent
Procedural Posture
Appeal (application for Leave) Disciplinary Proceedings / Application for Leave to Appeal Heard in Court of Appeal; Leave Granted
Legal Issues
- 1 Did the Disciplinary Tribunal have jurisdiction to consider charges arising from a report from the statutory manager of the school?
- 2 Could the appellant's use of a restorative justice process instead of a disciplinary investigation constitute 'serious misconduct' under s139AB of the Education Act 1989?
- 3 Was the appellant a decision maker with power to initiate a disciplinary investigation?
Ratio Decidendi
The Court granted leave to appeal and approved four specific questions of law (jurisdiction, whether use of restorative justice can constitute serious misconduct under s139AB, whether the appellant was a decision maker with power to initiate disciplinary investigation, and the applicability of s77), directing the appeal to focus on questions concerning serious misconduct and decision‑making power.
Court Disposition
Leave to appeal granted by the Court of Appeal
Orders
- Leave to appeal granted
- Approved questions of law recorded as (a)-(d) and appeal to focus on questions (b) and (c)
Full Case Text
Judgment text and source record
1 paragraphs
TEACHER Y v EDUCATION COUNCIL OF AOTEAROA NEW ZEALAND [2018] NZCA 230[24 September 2018]NOTE: DISTRICT COURT ORDER PROHIBITING PUBLICATION OFIDENTIFYING PARTICULARS OF STUDENT A, AND THE APPELLANT,THE SCHOOL, MR M AND OTHER DETAILS REMAINS IN FORCE.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA253/2018[2018] NZCA 230BETWEEN TEACHER YAppellantAND EDUCATION COUNCIL OF AOTEAROANEW ZEALANDRespondentHearing: 17 September 2018Court: Kós P, Miller and Williams JJCounsel: R M Harrison for AppellantD R La Hood for RespondentJudgment: 24 September 2018 at 10 amJUDGMENT OF THE COURTA The application for leave to appeal is granted.B The approved questions of law on which leave is granted are:(a) Did the Disciplinary Tribunal have jurisdiction to consider chargesarising from a report from the statutory manager of the school?(b) Could the appellant's use of a restorative justice process instead of adisciplinary investigation in response to the complaint from Student A'sparents constitute "serious misconduct" under s 139AB of theEducation Act 1989?(c) Was the appellant a decision maker with power to initiate a disciplinaryinvestigation?(d) Is s 77 of the Education Act applicable in the circumstances of this case?____________________________________________________________________REASONS OF THE COURT(Given by Kós P)[1] The appeal is to focus on questions (b) and (c). While questions (a) and (d) arearguable, leave would not have been granted for them had leave not been granted onthe other questions.Solicitors:Harrison Stone, Auckland for AppellantLuke Cunningham & Clere, Wellington for Respondent