Has School Right To Insist On Uniform?

Press, Volume CIII, Issue 30543, 11 September 1964, Page 3

Has School Right To Insist On Uniform?

(Neto Zealand Press Association) AUCKLAND, September 10. The parents of two pupils at Onehunga High School have asked the Supreme Court to say whether the school can decline attendance to pupils who do not wear the prescribed school uniform.

The action is being taken by Richard Charles Winn, a Mangere schoolteacher, and his wife, Blanche Bongard Winn, through the Attorney-General under the Declaratory Judgments Act, 1908.

The board of managers of Onehunga High School is cited as first defendant and the second defendant is Mr C. J. McCarthy, headmaster of the school. When the hearing opened before Mr Justice Wilson, Mr M. Weir, who is appearing with Mr L. P. Leary, Q.C., for both defendants, submitted that the Court had no jurisdiction to deal with the matter as presented to the Court. Plaintiffs, for whom Mr B. N. Littlewood appeared, had asked (1) Whether provision as to uniforms contained in the prospectus of Onehunga High School are valid, and (2) Whether the defendants have any power under the Education Act or by virtue of any other statute or regulation to refuse education to or to punish, suspend, or expel, or to remove from the roll, or to

decline to admit any pupil enrolled or intended to be enrolled at the school for the reason that the pupil failed to wear the uniforms prescribed by the prospectus or any other uniform described from time to time by the defendants. Mr Weir contended that the summons should be dismissed for a number of reasons.

After hearing Mr Littlewood, the Court adjourned so that counsel could see his Honour. After a lengthy adjournment the hearing resumed and his Honour announced that the question for the Court to decide was whether the defendants of either of them have any, and if so what power by virtue of (a) the Education Act, 1914, and its amendments, (b) the scheme of control published in the Gazette on September 21, 1961, (c) the resolution of the first defendant, (d) the prospectus presented from time to time, (e) the written enrolment application to prescribe uniforms and make the wearing of such uniforms a condition of attendance at the school and to decline attendance at the school to any pupil not complying with the conditions as to uniforms until such conditions are complied with. The hearing of legal submissions will be continued tomorrow.