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The question of whether private school decisions are amenable to
judicial review has yet to be answered in New Zealand.
James Anson-Holland's recent article The Amenability of
Private School Decisions to Judicial Review published in the
Public Law Review (2019) 30 PLR 106 discusses the conflicting
judicial and academic debate within the Commonwealth in order to
conclude that private education is sufficiently public to attract
judicial review.
The article goes on to suggest that, even if a court were to
decide private school decisions were not amenable to judicial
review, the contractual context (between school and student)
justifies equivalent procedural protections as an implied term.
The content of this article is intended to provide a general
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