16 Sept 2022
NEW HEALTH NEW ZEALAND INC v WELLINGTON WATER LTD [2022] NZHC 2389
- Citation
- [2022] NZHC 2389
- Court
- High Court
Interim relief was refused because (1) the applicant's substantive challenge has been comprehensively litigated up to the Supreme Court and presents a weak starting point for interim relief, (2) Parliament's 2021 amendment imposes a duty on local authorities to continue fluoridation which militates strongly against interim orders contrary to that scheme, and (3) the operational failures that interrupted fluoridation have been largely rectified so there is no compelling position to preserve that justifies interim prohibition.