School has to pay costs in hair case

GOLDEN LOCKS: Lucan Battison.

St John's College has been ordered to pay more than $24,000 in court costs after losing a High Court battle over suspending a student for refusing to cut his hair.

Justice David Collins ruled last month the suspension which kept Lucan Battison, a Year 12 student and 1st XV rugby player, out of school for five weeks, was unlawful, and conditions imposed on the pupil's return to school were unreasonable.

Lucan was suspended on May 22, after telling principal Paul Melloy he would not trim his long, curly locks.

Lucan's father Troy Battison sought a judicial review of the suspension, which was heard in the High Court at Wellington.

Collins ruled the suspension was "unlawful" and "unreasonable".

The school was ordered to pay $24,159 in costs to the Battisons.

The Battisons' lawyer, Jol Bates said the family wanted to get on with life and both parties were aware of the risks going to court.

"Everyone knows and understands those risks and consider those risks in any litigation."

Although Mr Bates didn't want to comment on how much it cost the Battisons to take the case to court, the amount awarded didn't cover the family's legal expenses entirely.

"Courts only award on a scale and only a portion of those costs were covered."

The school still has until July 25, to appeal the decision. The school and its board of trustees could not be contracted for comment yesterday.

The Ministry of Education's head of sector enablement and support said the department could provide a school with funds in the case like this. "Schools are funded for all costs, including legal costs, within their operational funding."

She said a school could also request financial assistance over and above their operational funding.

"We would look at their financial situation and any impact their financial situation might have on student outcomes."

If it was found the school was in serious financial difficulty, financial assistance could be offered, she said.

Since the court case Lucan has returned to school attending his school ball and playing for the first XV.

The teenager made headlines in April when he was awarded a bravery medal by Napier Mayor Bill Dalton after helping to rescue two women caught in a rip off Waipatiki Beach in January 2013.

Lucan said at the time he was not a hero and others who played even a lesser part in rescuing Analisa Tipu, 21, and Leilani Wong, 18, also deserved a medal.

His family lives at the beachside community, north of Napier.

The family could not be contacted yesterday.