A teacher accused of committing an indecent act in his classroom will argue the charge should be thrown out because the incident did not happen in a "public place".
The man, whose name is suppressed, appeared in Auckland District Court this morning facing a charge of "wilfully doing an indecent act in a public place" in June last year.
His lawyer Richard Earwaker indicated he would argue that a classroom did not fit that criterion.
Judge Grant Fraser disagreed but said ultimately it would be a matter to be decided at judge-alone trial.
The defendant worked for more than a decade at the prestigious school where the alleged incident happened.