New Zealand Law
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I am now reading this
I do need some more information, are you still keen on having a Skype call?
When would be a good time to call?
There is an extra charge, but I need to know more about your situation so that any call is effective.I assume you are still suspended, but need to know your age and level at school, and whether you have support from your parents. I can tell you about school discipline and what they can and cannot do, but I really need to know more about why you were suspended, for how long and whether you had proper process from the school.
Its fairly late now so perhaps you can prepare this and we can talk tomorrow. Are you back at school?
Do you have support from your parents?
This is a situation where your parents may have been able to get some relief in court, but it is likely to be too late. The medical reports should not be posted as this site can be searched, which is why it is anaonymous. Have your parents made any representations to the board?
This site is really for more general advice, and it would have been a good idea to instruct a lawyer to negotiate with the school due to the amount at stake. Was there any lawyer involved?
I note the psychiatrist does not support the trip. But I do wonder if the procedure has been handled as well as it should. This may mean a better chance of getting the money back
This could be something you could take to the Disputes Tribunal where you dont need lawyers. The school would likely try to settle the claim in that event. You are of an age to bring the case yourself-would that be something of interest? Otherwise the issue of failure of procedure would normally be dealt with by a court, which may not suit your needs. Or the other alternative would be mediation with the school.
As someone who travels extensively, sleep deprivation is not a minor issue-jet lag can be very debilitating. But you know your own capacity.
Are you interested in the disputes Tribunal option or mediation? The tribunal referees will often try to mediate a case in any event
They have a sliding scale of fees
If the total amount sought under the claim is less than $2000$45
If the total amount sought under the claim is $2000 or more but less than $5000$90
If the total amount sought under the claim is $5000 or more $180
Thats the full amount you pay. A private mediator would cost more but the school may be willing to pay
Your argument would be that even if there was a no refund policy, that the procedure they used was unfair particularly so close to the time of the trip
The psychiatrist isnt as optimistic, but if you have travelled then you will know your own recovery rates
The school will rely on that report I believe
That is I think your stronger point, they should have made the call earlier. I assume like these school trips you had to pay some time ago though
Other school students can be merciless sometimes
I agree. So some process of getting the school to recognise they were procedurally incorrect would be good for you, not just financially
Write to the school and ask for the refund, and suggest that there could be a negotiation, but that you may take this to the Tribunal if they dont offer a satisfactory result, which would include some acknowledgement of the poor process. If they refuse to engage then file the claim
From my experience of paying for my children on similar school trips, there is normally a contract and terms and conditions. They would normally give these out and you may have already received some paperwork. It occurs to me that part of the thinking behind cancelling the trip may be concerns under the new health and safety rules for schools. I expect that they will use this as the reason for cancellation as well as other reasons
The disputes Tribunal process is generally very user-friendly. It does not get caught up in too much process and procedure.
Probably the most useful legislation is the Contractual Remedies Act which sets out the rules for cancelling the contract. This was a form of contract with the school to provide the travel, and there would be implied terms as to what should happen to cancel the contract. Implied terms would be things which are not expressly on the documents but are an expected part of the contract. So if they were to cancel the contract there would need to be consultation and you should have an opportunity to be heard.
I suspect that your Rector would have made this decision based on the medical reports and on health and safety concerns, and the issue for you might be to say that these were never mentioned when you signed up for the trip and that the reasons for cancelling did not properly consider your side of the issues
Its getting late, if you have further questions, i will answer these later if thats Ok
Let me know if you have what you need now
You can look at the acts at this link. Look at the Contractual Remedies Act in particular. However the law on this would also be based on requirements to be fair, which are based on case law. The Disputes Tribunal would not expect you to cite cases however http://www.legislation.govt.nz/act/public/1979/0011/latest/DLM31566.html?src=qs