High Court Wellington
M 1616-SW99
27 August 2003
Baragwanath J
M 1616-SW99
27 August 2003
Baragwanath J
Administrative law — Statutory duties — Statutory right to free and equal education — Whether created right enforceable in Courts — Education Act 1989, ss 3 and 8.
Education — Special education — Disestablishment of special classes, clinics and services — Whether breach of statutory duty to provide special education — Whether right of action for breach of duty to provide equal or same education as children without special needs — Whether Minister ensured sufficient provision made by other school or class in or reasonably near to same locality — Education Act 1964, ss 2 and 98.
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