Published 21 September 2021
Jurisdiction for appeal — appeal from New Zealand Teachers’ Disciplinary Tribunal — appeal of refusal to make non-publication order — Education Act 1989, ss 402, 404, 405 & 409. The appellant was a former registered secondary school teacher who had been censured by the New Zealand Teachers' Disciplinary Tribunal. She appealed to the District Court from the Tribunal's refusal to make an order prohibiting publication of her name and particulars. The Court examined the relevant sections of the Education Act and concluded that s 409, which provides for appeals of Tribunal decisions to the District Court, does not allow appeals of a refusal to make a nonpublication order. Further, the Court accepted the respondent's argument that Parliament had deliberately excluded the right to appeal non-publication orders. The Court lacked jurisdiction to hear the appeal and the appeal was dismissed. Judgment Date: 31 July 2019.
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