15 Jul 2021
FORD v BOARD OF TRUSTEES FOR SMITH PRIMARY SCHOOL [2021] NZCA 363
- Citation
- [2021] 3 NZLR 738
- Court
- Court of Appeal
An unqualified offer of a place to an out-of-zone applicant under s 74(2)(a) that is accepted creates an entitlement to enrol that cannot lawfully be withdrawn prior to enrolment; permitting revocation would undermine the statutory ballot/waiting-list scheme, transparency and fairness and is not supported by the Act or instructions, therefore the school's withdrawal was unlawful.