Kawerau Intermediate School is seeking a judicial review of a decision by the Government to merge it with Kawerau College.
The Government announced last month it wants a new $6 million school built and confirmed on Wednesday it will go ahead with that plan.
The Ministry for Education sought feedback from the school boards on the proposal, with both of them opposing it.
Education Minister Hekia Parata says she has considered the submission and still plans to close both the Intermediate school and the College.
The board of trustees at Kawerau Intermediate says it intends to keep fighting the plan and will seek a judicial review of the minister's decision.