An Auckland father is taking his case against Christian education in schools to the Court of Appeal.
Jeff McClintock took legal action against Red Beach School in February, claiming his daughter was "stigmatised" and "humiliated" for opting out of a Bible class.
The Secular Education Network, the Human Rights Commission and the Churches Education Commission were allowed to join the case as non-interested parties.
However, the High Court at Auckland struck off the case on Tuesday, after submissions requested on Monday were not filed in time.
Mr McClintock's counsel said he is seeking an urgent ruling declaring the case should not have been struck off.
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