M v Board of Trustees of Palmerston North Boys' High School - [1997] 2 NZLR 60

Administrative law — Judicial review — Expulsion of border from state school boarding hostel — Whether decision to expel a "statutory power of decision" — Judicature Amendment Act 1972, s 3.

Education — Institutions — State school boarding hostel — Whether school boarding hostel a "school" within meaning of s 13 of Education Act 1989 — Expulsion of boarder — Judicial review — Whether decision to expel exercise of a statutory power of decision — Whether rector of school in loco parentis — Education Act 1989, s 75.

Contract — Implied term — Agreement to conform to rules and regulations of state school boarding hostel — Boarder expelled — Whether rector of school acting in breach of contract.

Constitutional law — New Zealand Bill of Rights Act 1990 — Board of trustees of state school — Relationship of board to government — Whether board performing a "public function" — Whether board performing a "public function . . . pursuant to law" within meaning of s 3(b) of New Zealand Bill of Rights Act 1990 — Education Act 1989, Sixth Schedule, cl 2 — New Zealand Bill of Rights Act 1990, ss 3 and 27.