It is "disappointing" a student who wanted to return to classes at the University of Otago has not been allowed to do so, Otago University Students Association (OUSA) president Edwin Darlow says.
But Justice Panckhurst's decision in the High Court at Christchurch yesterday would not affect the wider legal challenge the student, Nathan Stewart, and the OUSA, were mounting against the university's code of conduct, Mr Darlow said.
Mr Stewart, a first-year physical education student, was disciplined under the code for allegedly throwing a bag of rubbish at a car, and an egg, while participating in the toga parade on George St in February.
He was excluded from classes for the second semester.
In a test case, Mr Stewart, supported by the OUSA, is seeking a judicial review ruling on whether the university has the right to discipline him for his actions at an event that was not organised by the university or held on campus.
Yesterday, he sought an interim ruling that he could return to classes until the judicial review is heard - probably late next month - but Justice Panckhurst declined the application.
Mr Darlow said the arguments about the code would still be heard at the substantive hearing.
"It is disappointing that even if we get a positive result from the substantive hearing, it won't help Nathan... But it might help other students."
The court heard Mr Stewart would be unable to complete his course requirements, sit examinations, or apply for second-year papers unless he returned to classes now.
Otago is believed to be the only university in New Zealand with a code of conduct which states it can discipline students for behaviour off-campus as well as on.
Mr Darlow said other universities and student associations would "likely be watching with interest".
Three students were excluded for a semester after the toga parade.
Mr Stewart was the only student involved in the judicial review.
University vice-chancellor Prof Sir David Skegg said the university was "satisfied with the outcome" of the interim hearing.
