Smith applies for rehearing of truancy case

Nelson MP Nick Smith will be seeking a rehearing of a private prosecution of Child, Youth and Family over its failure to enrol a child in its care in school, following confusion over the timing of the court hearing this morning.

"My office was advised by the District Court by telephone this morning that the case was to be heard at 10.30am, so I arrived at that time. I was then told the case had been called at 10am.

"A Court official apologised if there had been confusion, and invited me to apply for a rehearing which I will be doing.

"There are important issues of principle in this case. Children in the Department's care should, like all children, be enrolled in school. I am dumbfounded that the Department's lawyers are arguing that it is not legally liable for ensuring children in its care do attend school.

"I will continue to pursue this case out of frustration that so many children in the Department's care are not attending school and are getting in serious trouble with the law.

"I am also doing this on behalf of the parents of the child at the centre of this case who do not accept that their son is getting any meaningful education," says Dr Smith.

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