High Court makes ‘interim interim’ order preventing cancellation of Gloriavale’s school registration
Application for interim order to prevent cancellation of registration of Gloriavale Christian School pending judicial review of Secretary for Education’s decision – no substantive judicial review proceedings filed – is an interim order necessary to preserve the applicant’s position? – is there jurisdiction to make an interim order when no application for judicial review has been filed?
Board of the Gloriavale Christian School v Chief Executive of the Ministry of Education [2026] NZHC 36 per McHerron J
Gloriavale Christian School is a private school registered under the Education and Training Act 2020.
The school is part of the Gloriavale Christian Community, based in remote Haupiri. It has more than 100 children on its roll. The nearest state school to Gloriavale is in Moana, which is a 30-40 minute drive away on a partly gravel road.
Under the Education and Training Act 2020, every domestic student (New Zealand citizen and resident) aged between six and 16 years must be enrolled at a registered school. A registered school includes a “private school”, which is a school registered under s 214 of the Act. The Act sets out criteria for registration of private schools, which include that the school “is a physically and emotionally safe space for students”.
In October 2023, the Education Review Office first identified concerns about student physical and emotional safety and well-being, along with breaches of five other criteria for registration as a private school. Since then, the Ministry of Education has provided considerable support to the school to improve its performance.
Despite that support, the ministry has concluded that sustained change around the physical and emotional safety of students has not been achieved.
On 17 December 2025, the Secretary for Education advised the board chair and acting principal of the school that she was “moving to cancel” the private school registration, with the cancellation taking effect from 23 January 2026.
On 19 January 2026, the school’s solicitors wrote to the secretary, asking her to delay the date on which the cancellation took effect. On 20 January 2026, the secretary responded, advising she did not agree to voluntarily delay her decision taking effect, stating that “registration will be cancelled on 23 January 2026”.
On 22 January 2026, the school’s board applied for an interim order to prevent the cancellation of the school’s registration from taking effect.
The school has not yet filed an application for judicial review. It is waiting on information requested from the ministry under the Official Information Act 1981.
The evidence filed by the school with its interim orders application outlined concerns for the schooling of the children from the start of term one (9 February 2026) if the school were closed.
There are no other local schools conveniently available. The ministry has proposed that parents choose to enrol each child in Te Kura (correspondence school), but no final arrangements of that nature are yet in place. In particular, the ministry has not explained who will supervise the children attending Te Kura and there is no certainty that there is a lease in place for use of the school’s premises for the beginning of term one.
The ministry disputes many of the factual allegations made but was not in a position to file affidavits immediately. It was however confirmed that replacement school arrangements were not yet finalised.
The court convened a tele-conference at 3 pm on Wednesday 22 January 2026 (the day before the school’s registration was due to be cancelled). The interim order application was scheduled for a full hearing on Thursday 29 January 2026, with timetable orders made, including requiring the school to file its application for judicial review by 26 January 2026.
This judgment addresses the position of the school’s registration in the meantime.
Applicable principles: Judicial Review Procedure Act 2016, ss 4, 15; Education and Training Act 2020, ss 10, 33, 35, 214, schedule 7 – Is an interim order necessary to preserve the applicant’s position? (Yes. It is at least arguable that the replacement school arrangements are not sufficiently well developed and implemented to allow the proposed cancellation to take effect in the interim. The applicant has at least painted a convincing picture at this very early stage that transitional arrangements for the students are uncertain and incomplete, at a time that is worryingly close to the start of the school year) – Concerns regarding safety of students? (Paramount concern but difficult to evaluate on basis of material provided and under this degree of urgency. Counsel for the ministry did not articulate any urgent safety concerns when given the opportunity) – Overall assessment? (Primary position to be preserved is the students’ need for assurance that their right to education that is enshrined in the Act is maintained and that they can comply with their duty to be enrolled in a registered school. This position would not be adequately preserved by allowing registration to be cancelled on 23 January 2026) – Is there jurisdiction to make an interim order when no application for judicial review has been filed? (Yes, an interpretation of s 15 that allows an interim order to be made in the present case despite the absence of an application for review, but with orders to make such application without delay, better serves the purposes of the interim orders power in the Judicial Review Procedure Act. The alternative interpretation would diminish the applicant’s position rather than preserving it).
Held: An interim order is made declaring that the registration of Gloriavale Christian School (Education Institution Number 1587) as a private school continues in force until the application for an interim order is determined.