27 April 2010

TID-BIT: Banning Old Boys

Did no-one consider section 19 of the Bill of Rights Act (or Part 1A, ss 21, 42 and 44 of the Human Rights Act)?!?

The Press: "Principals ban some old boys from annual clash"
Recent school-leavers have been banned from the annual rugby showdown between two Christchurch secondary schools.
No-one under the age of 22, except for current pupils, will be admitted to the Christ's College-Christchurch Boys' High School match on June 22, the schools' principals say.
The ban comes after old boys from both schools got into a brawl involving up to 250 people at last year's game. Police drew batons and said many spectators were drunk.
Christ's College headmaster Simon Leese said it was regrettable the schools had to introduce a ban affecting many because of the actions of a few.
"Most of them [old boys] turn up to support the game as we wish and we have absolutely no problem with them. It's a small minority that have caused problems in recent years," he said. "Neither school wants to be associated with the sort of behaviour we've been experiencing. It has absolutely nothing to do with sport."
Boys' High principal Trevor McIntyre said 22 was an appropriate age as it meant the boys had been out of school for at least three years.
The ban had the approval of both schools' old boys' associations, he said.
Former Christ's College pupil Jack Ensor and flatmate Tom Latty, a former Boys' High pupil, said they were unhappy with the ban.
The 19-year-olds said current pupils were the problem because they got "a bit carried away" and incited others as they "didn't know when to stop".
Leese said neither school had difficulties with current pupils.
This year's ban was a trial and would be reviewed after the match, to be played at Christ's College, he said. Security staff would check identification at the gate, Leese said.

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Course Outline

Lord Justice Lawton in Maxwell v Department of Trade and Industry [1974] 2 All ER 122 said:

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"


This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.

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