School Disciplinary Decisions, Judicial Review and Interim Relief

Abstract

This paper considers the proper place and function of administrative law in matters such as school disciplinary decisions. It examines the decision of St Bede’s College to suspend two of its students from competing in a national sporting competition, and the subsequent judicial review case of Kennedy v Boyle. The paper concludes that while this case might represent a victory for the sound application of administrative law principles, overall, it represents a troubling loss for accurate commentary on judicial decisions.

Keywords: Administrative law, judicial review, public law, New Zealand

JEL Classification: K00, K23