New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Pre-school/playcentre status
  • 2 Mar 2005

    HOOD V THE ATTORNEY-GENERAL AND ANOR CA CA16/04

    Citation
    openlaw-4da2f93d_0eef_49a8_af6b_5810101e6375.pdf
    Court
    Court of Appeal

    The Court held that, under the 1928 Act/1914 Education Act definition, a standalone Playcentre did not fall within the 'public school' purpose for which the Hood land was originally taken and that a standalone Playcentre was not within the 1981 Act's definition of 'essential work'; however, pre-1981 arrangements between the Crown and the Council to vest the entire old school site for reserve/community purposes once no longer required for education had accrued and made it unfair and unreasonable to require the Crown to offer the land back under s40(2), so the appellants' claim failed and the a…