Copeland Gordon: Questions for Oral Answer — Questions to Ministers 
Copeland Gordon: Questions for Oral Answer — Questions to Ministers 
[Volume:627;Page:21756] 
11.  
GORDON COPELAND (United Future) 
 to the  
Minister of Education 
: Is he satisfied that in accordance with section 75 of the Education Act 1989 school boards of trustees adhere to the general laws of New Zealand including sections 13 and 15 of the New Zealand Bill of Rights Act 1990 which provide for freedom of thought conscience and religion and the right to manifest those beliefs; if not why not? 
Hon TREVOR MALLARD (Minister of Education) 
: 
 Generally the answer is yes. 
Gordon Copeland 
: Has the Minister seen the categorical and unambiguous legal opinion of Sir Geoffrey Palmer that the decision of the Seatoun School board of trustees in relation to the KidsKlub is contrary to the New Zealand Bill of Rights Act unreasonable and ultra vires the Education Act which allows religious education to take place in State secondary schools; if so does he agree with that opinion and in any event how does he intend to address this issue? 
Hon TREVOR MALLARD 
: There are two or three points to answer. First I have not read the full opinion. Second Seatoun School is not a secondary school but a primary school; therefore it may or may not be relevant to this particular issue. I think that an intense debate is going on amongst a very small group of people and fanning it from here is not helpful. 
Hon Brian Donnelly 
: Is it not time for a review of the secular clause in the Education Act—which was entered into our law in 1877 to accommodate interdenominational disputes over which Christian dogma was to be taught—in light of the fact that the clause is necessarily breached in order to satisfy treaty requirements and the fact that curriculum documents dictate the development of spirituality amongst our students? 
Hon TREVOR MALLARD 
: I think we need to note the difference between the encouragement of spirituality and indoctrination in particular religions. 
Gordon Copeland 
: Would the provision of a prayer room for Islamic students at a State school in Christchurch be at risk if that school’s board of trustees were at any time to decide to end it; if so does the Minister regard that situation as satisfactory? 
Hon TREVOR MALLARD 
: Yes. One of the things we have in New Zealand is exceptionally autonomous schools. Boards of trustees are allowed to make decisions for their schools in ways that almost no other country allows. In a place like the United States not only would all of this be excluded but also someone who lives on one side of a street must go to a particular school and a person who lives on the other side of the street must go to another. We have a very liberal system but the problem is that as a result of that sometimes boards make decisions we disagree with. 
Gordon Copeland 
: Does the Minister back the decision of the board of trustees at the Seatoun State primary school to ban KidsKlub even though it was previously approved by the trustees of the school that every child attending the club does so with the express written permission of his or her parents and no new consultation with the school community was undertaken prior to the board’s revocation; if so how can that be in harmony with trusteeship on behalf of the entire school community? 
Hon TREVOR MALLARD 
: I do not back the decision but I back the board’s right to make it.