Teenager in High Court to avoid haircut that would make his hair “boofy and turn into an afro”.

Update: Today in the Wellington High Court Justice David Collins has ruled in the favour of Lucan Battison.

Justice Collins ruled that the decision to suspend him from his school, St John’s College, was unlawful and the school’s rule over hair length was “vague and uncertain”.

The ABC reports that the Battison family is entitled to costs and Lucan can continue his schooling.

Mamamia previously reported:

He has been compared to human rights defenders Martin Luther King and suffragette Kate Sheppard.

He has taken his fight against boofy hair all the way to the high court, and he is not prepared to back down.

A New Zealand schoolboy appeared in the High Court in Wellington yesterday as he battles his suspension for refusing to cut his long curly locks.

His lawyer told the court that Lucan Battison’s long curly locks, if cut would “become boofy and turn into a afro”. (We know what you mean Lucan.)

His lawyer also said that they would be taking out an injunction against the rain, because it was really bad for making his client’s hair frizzy. (Well he didn’t really say that, but we seriously think he SHOULD!)

The New Zealand Herald reports that 16-year-old Lucan Battison, a Year 12 student at St John’s College, was suspended on May 22nd for refusing to cut his hair.

His lawyer claimed in court that the school principal, Paul Melloy, told him it was not good enough to simply tie it back.

Lucan’s lawyer Jol Bates said the school’s rules state hair length needed to be off the collar and out of the student’s eyes.

He told the court that for three years Lucan would wear his hair tied up, off the collar and out of his eyes.

“We’re not splitting hairs.” he said

(Yep, he actually said that!)

From The New Zealand Herald:

Lucan had curly hair, which if cut, would become “boofy and turned into an afro”, he said.

“He’s simply not comfortable [with that].”

His hair was not a health and safety issue, nor was it a distraction to other students, his lawyer said.

The school’s lawyer however claimed that there was continual disobedience.

(From Lucan, not his curly hair.)

His defiance of the rules was “harmful and dangerous” because it could influence other pupils who could think Lucan’s actions were cool, Mr Harrison said.

The New Zealand Herald reports that Justice David Collins asked the school’s lawyer why other avenues of discipline were not explored. Mr Harrison said because Mr Melloy, the Principal, was told by Lucan, in the presence of his parents, he would not comply, other disciplinary options were not open to him.

“These young men need clear boundaries,” he said.

Lucan’s lawyer however said that if the same principle were applied to a female student there would be outrage.

He said this made it difficult for Lucan to understand why his rights were different.

Lucan’s lawyer told the court that this battle was about human rights and that Lucan “followed in the footsteps” of human rights defenders such as Martin Luther King Jr and Kate Shepherd “who challenged authority on a justified basis.”

The Judge asked the school to allow him to return to his studies tomorrow while he formed his decision. He said he was concerned with the amount of time Lucan had had off.

Luan has become somewhat of a hero in the New Zealand media – having been awarded a bravery medal for rescuing two swimmers in January last year.

A Facebook page set up to support Lucan has now over 2000 likes.

Lucan’s father told media that he would do it all again, even if the decision does not go his son’s way.

“If it wasn’t going to get resolved now, 10 or 15 years down the track someone else would have a go,” he told the The Dominion Post

He said it was “high time in 2014 in New Zealand  that somebody’s hairstyle wasn’t a problem.”

“For us personally it was about Lucan being able to express himself and go to school. He never wanted to be a rebel, he just wanted to be able to tie his hair back.”

The review at the High Court in Wellington was held to determine whether the board of trustees was fair in suspending him. The judge has reserved his decision.

We will keep you posted on whether Samson sorry, Lucan, gets to keep his long locks.