Private Schools and Boarding Hostels

PRIVATE SCHOOLS AND BOARDING HOSTELS

Private schools
Boarding Hostels

Private schools

The only requirement of the Education Act that applies to private schools is that a private school must notify the Ministry of Education that a student has been suspended. However private schools are subject to the Privacy Act 1993 and the Human Rights Act 1993.

Contract law and the New Zealand Bill of Rights Act 1990 are also important in relation to suspensions from private schools.

(a) Contract Law

The enrolment of students in private schools is governed by a contract (agreement), usually between the school and the student’s parents. This contract is usually partially in writing, and partially unwritten, and may include undertakings made in oral discussions between school representatives and the student’s parents before the enrolment was confirmed, and the reasonable expectations of both parties. Such expectations may be based upon common practice, or on representations such as a school’s prospectus.

If a student’s actions amount to an effective repudiation (rejection) of the enrolment agreement, it may be lawful to suspend him or her.

The processes which must be followed by the school if they want to suspend a student may form part of the enrolment contract. If no set processes have been established, it would normally be considered that an implied term of the contract would be that the school would behave in a fair and reasonable manner.

(b) The New Zealand Bill of Rights Act 1990

Section 3(b) of the NZ Bill of Rights Act 1990 states that it applies to actions undertaken “By any person or body in the performance of any public function, power or duty conferred or imposed on that person or body by or pursuant to law.”

We consider that education of students of compulsory schooling age is a public function, and that by private schools registering under section 35A of the Education Act 1989, it is one which is conferred pursuant to law.

Accordingly we consider that private schools, as well as state or integrated schools, are bound by this NZ Bill of Rights Act 1990. Section 27 of that Act confirms that every person who is dealing with any public authority that has the power to make a determination with respect to that person’s interests, has the right to natural justice.

So if a private school can be considered a public authority for these purposes, then students in private schools have the right to natural justice. This point has not yet been tested in a New Zealand court.

But in cases involving other situations it has been said that the NZ Bill of Rights Act 1990 has a wide application, and we consider that it would be likely to be deemed to apply to private schools.

For further information on suspension from private schools, see:

Ministry of Education Circular 1999/06 (Students) Suspension and Expulsion of Students from Private Schools

Boarding Hostels

Students in Boarding Hostels do not have the right to natural justice. The disciplinary procedures of Boarding Hostels are purely a matter of contract.

This means that you can be kicked out of a hostel in ways that you could not legally be kicked out of the school itself, even if being kicked out of the hostel means that you can’t get to school.

For more information, please see our More Information - School page.

YouthLaw	Latest page update: made by YouthLaw , Dec 9 2008, 7:52 PM EST (about this update About This Update Edited by YouthLaw view changes - complete history)
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