OUSA president Edwin Darlow announced 10 days ago the association would seek a judicial review of the university's decision to use the provisions of its code of conduct to exclude several students because of their behaviour during the off-campus toga parade in February.
He said the association considered vice-chancellor Prof David Skegg acted unlawfully in applying the code to student conduct outside the university's jurisdiction.
Contacted yesterday, Mr Darlow said while "things were happening behind the scenes" with the judicial review, he did not want to say any more about it at present.
He would not say what the likely timetable was, whether the OUSA had engaged a lawyer, or how much the court action might cost.
However, he said the OUSA hoped the review would be heard as soon as possible.
The OUSA and the university have been at odds over the code since it was amended almost three years ago to give the university power to discipline students for anti-social, disruptive or unlawful behaviour off campus.
At the time, public law specialist Mai Chen, of Chen Palmer in Wellington, said she believed that clause was illegal and said she was prepared to test it in court.
The following year, the association talked again to Ms Chen, then engaged Wellington lawyer Hayden Wilson to advise it on a course of action.
However, no legal challenge eventuated.
Code of student conduct
• Outlines the standard of behaviour expected of students, and how those breaking the rules will be disciplined.
• Updated in September 2006, to cover behaviour off-campus as well as on-campus.
• States students must not engage in anti-social behaviour including, but not limited to, vandalism, setting fires, throwing projectiles or glass bottles, generating excessive noise, assault, non-consensual sexual contact, threats, harassment, abusive behaviour, or theft.
• Disciplinary options listed include reprimands, fines not exceeding $200, community work, barring students from from functions or parts of the university, and expelling students temporarily or permanently. Students can also be reported to the police.
