Ford v Board of Trustees for Smith Primary School - [2021] NZCA 321

Date of Judgment

15 July 2021

Decision

Ford v Board of Trustees for Smith Primary School (PDF 114 KB)

Summary

Appeal allowed.  
Judicial Review — Education and Training Act 2020. 

The appellant, who lives outside the home zone prescribed in the enrolment scheme for Smith Primary School, applied to enrol there.  She was offered a place at the School in accordance with the predecessor of s 74(2)(a) of the Education and Training Act 2020, she having priority because her older sister is already a student there.  This offer was accepted.  However, due to unexpected numbers of home zone enrolments with overcrowding consequences, several months later this offer was withdrawn.  The appellant unsuccessfully applied for judicial review of the withdrawal decision. 

Appeal allowed.  The purported withdrawal of the appellant’s place at Smith Primary School was unlawful.  The offer letter remains valid, and the appellant is entitled to enrol at the School in accordance with ss 33 and 74(2)(a) of the Education and Training Act 2020 on Monday 26 July 2021 or on such later date as may be agreed by the appellant’s parents and the School.