New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Stand-down

  • 30 Sept 2009

    'D' V HAVILL & ANOR HC AK CIV 2009-404-004947

    Citation
    openlaw-7ffab8c0_35d3_4126_813b_7e1ccc0e0e77.pdf
    Court
    High Court

    The court held that the principal's 26 June stand-down letter failed to identify the statutory grounds and was invalid; more importantly, the Associate Principal's and Principal's reports did not give sufficient particulars of the allegations (times, places, specifics) so as to afford the student a proper opportunity to defend himself, constituting a breach of natural justice that fatally affected the Board's decision to expel; accordingly the Board's expulsion decision was quashed and the suspension remitted to the Board for reconsideration.

  • 15 Nov 2007

    MPAA V WHEELER AND ANOR HC HAM CIV 2007-419-1187

    Citation
    openlaw-b7d2a4aa_82a5_4453_bd3a_159e30f6d1cc.pdf
    Court
    High Court

    The principal lawfully stood the student down: wilfulness is not required to establish gross misconduct; the principal had reasonable grounds to conclude the conduct was gross and posed a harmful or dangerous example or risk to others; the stand-down meeting requirement under r11 was satisfied in substance; the decision was a lawful exercise of discretion for protective and remedial purposes; and even if a procedural error existed relief would be refused as disproportionate and harmful to ongoing educational relationships.