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The canonical status of diocesan and parochial schools in New Zealand, with particular reference to the Diocese of Auckland, in the light of the Private Schools Conditional Integration Act 1975 [microform]
Bib ID 3283967
Format MicroformMicroform, BookBook
Author
Waters, Bernard Francis
 
Description 336 p. 
ISBN 0612465527
Summary

In 1975, parliament passed an Act "to make provision for the conditional and voluntary integration of private schools into the state system of education in New Zealand on a basis that will preserve and safeguard the special character of the education provided by them." Its short title is the Private Schools Conditional Integration Act 1975. For Catholic schools, the "proprietor" referred to in the Act is the diocesan bishop or the superior of a religious institute. Thus a Catholic school becomes integrated when the proprietor and the Minister of Education for the Crown enter a formal agreement known as the integration agreement. Advantages that Catholics receive by way of integration include teachers' salaries paid to state standards, and buildings and grounds maintained at state cost (once they have been brought up to state code). Capital works, however, remain the responsibility of the code).

Capital works, however, remain the responsibility of the proprietor. In this study we will consider the impact of the PSCIA 1975 on the canon law of the Church in regard to Catholic schools owned and managed by the Church. First we will consider the impact of the Act on the Catholic school as an expression of the apostolate of the parish or diocese as a juridical person. Flowing from this, we will explore also the consequences of the transference of administrative control from bishops and parish priests to boards, which the Act calls the "controlling authority" (and from 1989, "boards of trustee"). While the Act appears to give the proprietor sweeping rights regarding the preservation of "education with a special character"--the Catholic ethos--we will examine whether these rights are as extensive as those that he may have in canon law. Furthermore, we will explore whether under the Act there may be loss of effective canonical control which may be tantamount to canonical alienation.

Second, we will address whether by integration the temporal goods that comprise the parochial or diocesan school have been canonically alienated (c. 1533 CIC/17). As all Cathofic schools were integrated prior to the promulgation of the 1983 Code of Canon Law, the canonical status of the schools and school buildings must be determined according to the ius vigens--the 1917 Code of Canon Law. (Abstract shortened by UMI.)

Notes

(UnM)AAINQ46552

Source: Dissertation Abstracts International, Volume: 61-02, Section: A, page: 0644.

Adviser: A. Mendonca.

Thesis (Ph.D.)--University of Ottawa (Canada), 1999.

Reproduction Microfiche. Ann Arbor, Mich.: University Microfilms International. 
Subjects Religion, General.  |  Education, Religious.
Other authors/contributors University of Ottawa (Canada)

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