The High Court had earlier this year struck the so called Bible in Schools case out but Court of Appeal Judges Rhys Harrison, Forrest Miller and Helen Winkelmann have reinstated the case.

The Court of Appeal judgment said McClintock's complaint was that the Red Beach Primary School had allowed representatives of the Life in Focus Trust to teach a programme called Values in Action in classrooms.

"Mr McClintock's essential complaint is that the board has attempted to conceal the true nature of the programme, which he says is one of religious instruction."

"He accepts that attendance at the LIFT classes is optional. But he complains that his daughter is being treated unfairly as a result of his decision to withdraw her from the classes."

Despite several orders and trial re-schedules, McClintock missed a final Hight Court deadline to file and the High Court threw out McClintock's case.

The Court of Appeal said McClintock's lawyer had been "guilty of continual delays and unexplained breaches of successive orders made in the High Court". His defaults were "serious and unexplained", the court said.

However, it said the appeal nevertheless succeeded. The court ruled that the proceeding was not ready for trial when it was struck out, as it still needed McClintock to provide an amended statement of claim that complied with High Court rules.

As part of the ruling, McClintock will file a notice of discontinuance against the school board, in full and final settlement of his claims against the board, while the case will continue against the Attorney-General, with McClintock to file an amended statement of claim.

McClintock was also instructed to pay all outstanding High Court cost orders.

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He took the board of Red Beach School on the Hibiscus Coast to court because he alleged the school's Bible in Schools classes showed disrespect for his daughter's rights to freedom of religion.

The High Court case was struck off because submissions were not filed on time.

Last Monday The court ordered McClintock to file his submissions by the next morning, but he said the documents didn't arrive in time.

2 other campaigners had been given permission to join the case as interested non-parties and present limited evidence and submissions.

This had delayed submissions, but it was still unfair to throw out the case, Mr McClintock said.

"I was initially very angry, mostly because it wasn't the opposition beating me but me beating myself," he said.

"Since the case was never heard no precedent had been set about Bible lessons in classes."

This meant the case could still be heard if the appeal was successful or a new case was lodged.

"It is frustrating waiting this long but we are prepared to wait longer because there are so many parents affected."

The Human Rights Commission and the Churches Education Commission (CEC) were also involved in the case.

A CEC spokesman said they were passionate about continuing Bible classes in state schools.

"There is real depth to this debate and a lot of the key issues have not yet been addressed."

CEC teaches Bible lessons in more than 650 public schools, making it the largest provider in the country.

The cancelled hearing had been set down for April 26 at the High Court at Auckland.

Source

• m.nzherald.co.nz
• stuff.co.nz
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