An Auckland father fighting his daughter's former school over Bible lessons is appealing against a High Court judge's decision this week to strike out his case.

Jeff McClintock took the board of Red Beach School on the Hibiscus Coast to court because he alleged the school's Bible in Schools' classes showed disrespect for his daughter's rights to freedom of religion.

He also took the Attorney-General to the court because he wanted a declaration that section 78 of the Education Act 1964 was inconsistent with the Bill of Rights Act.
Mr McClintock has claimed his daughter was given religious instruction at school without his knowledge. The dispute dates back to 2013.

The case appeared before the judge in Auckland on Tuesday, but was struck out.

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An appeal against that decision was lodged in the Court of Appeal in Wellington today, Mr McClintock said.

The High Court case was struck off because submissions were not filed on time, he said.

Before the judge's decision campaigners against Christian-only Bible lessons in schools, David Hines and Tanya Jacob, had been given permission to join the case as interested non-parties and present limited evidence and submissions.

This had delayed submissions, but it was still unfair to throw out the case, Mr McClintock said.

"This case is in the public interest, it's a big question that has to be resolved."