A West Auckland school will not be allowed to go ahead with a bid to overturn a High Court ruling so it can keep a boy with Asperger's syndrome out of the school.
A judicial review last year found the boy, then aged 14, should not have been expelled by Green Bay High School after a scuffle with a teacher over a skateboard.
The boy's lawyer said there was an attempt to re-integrate him back into the school after the ruling came out but the school made it very difficult.
The issue was to go before the Court of Appeal shortly, with submissions to also be made by Human Rights Commission, the advocacy group IHC and the Crown.
But the Court of Appeal's now decided that since the boy has left the school, there is no longer a live issue to resolve.