Maddever v Umawera School Board of Trustees - [1993] 2 NZLR 478

Administrative law — Judicial review — School board of trustees — Primary school boy assaulted another pupil in school playground — Boy's parents complained to principal about her handling of the incident — Referral of complaint to school board of trustees — Board decided to support principal and dismissed complaint — Parents referred complaint to Ombudsman — Ombudsman rejected complaint — Parents issued judicial review proceedings — Whether the board and principal were exercising statutory powers of decision — Whether they had a duty to comply with natural justice or fairness — Whether, if so, there was any breach of such duties — Whether, even if there were grounds for review, the Court would be likely to grant relief in the exercise of its discretion — Judicature Amendment Act 1972, s 3 - Education Act 1989, ss 8(9), 75, 76, 77 and 94 - Ombudsmen Act 1975, s 25.

Practice and procedure — Striking out proceedings — Whether judicial review proceeding disclosed no reasonable cause of action, was frivolous or vexatious or an abuse of the process of the Court — High Court Rules, RR 186 and 477.