Browsing by Author "Porter, William"

Now showing 1 - 2 of 2

Open Access
Battison v Melloy: An Aberration in the Judicial Review of School Discipline Decisions
(Te Herenga Waka—Victoria University of Wellington, 2016) Porter, William
This paper analyses the decision of Battison v Melloy. Lucan Battison was suspended from St John’s College after he failed to comply with a request from principal to cut his hair in accordance with school rules. Lucan sought to have this decision judicially reviewed. Justice Collins made two significant rulings: first, the suspension was quashed as it did not comply with s 14(1)(a) of the Education Act 1989; and secondly, the school’s hair rule was ultra vires because it breached the common law requirement of certainty, and was therefore contrary to s 72 of the Education Act. This paper argues that while the judge’s reasoning on the hair rule was underdeveloped, the ruling has net benefits with regards to vague school uniform rules. The judge’s reasoning on the school discipline issue was more troubling. It is argued that Collins J’s expansive, rights-based approach is contrary to authority. Stronger arguments for the judge’s conclusion are suggested. This paper closes by addressing the perception that courts are now more willing to review school discipline decisions on their merits. After comparing the approach in Battison to other recent decisions, it is suggested that this perception is not well founded.
Open Access
A Fair Assessment of Risk: Examining New Zealand’s Risk Assessment Practices
(Te Herenga Waka—Victoria University of Wellington, 2017) Porter, William
Risk assessment is now a key feature of the New Zealand criminal justice system. Risk assessments are relevant to sentencing and parole decisions, and importantly, the imposition of post-sentence measures. The decisions that are informed by risk assessments have serious consequences for the deprivation of liberty of offenders. Despite its growing importance, risk assessment is not widely understood by the legal community. This paper provides a broad overview of risk assessment practices in New Zealand. In doing so, it explores several shortfalls in the risk assessment process. It appears that the limitations of risk assessment evidence are not well understood. As this paper argues, it is only by truly engaging with risk assessment evidence that proper consideration can be given to the balance between the rights of individual offenders and the interests of the community. To assist with this, this paper argues for a number of changes in the way that risk assessments are carried out.