7 Mar 2014
NEW HEALTH NEW ZEALAND INC v SOUTH TARANAKI DISTRICT COUNCIL [2014] NZHC 395
- Citation
- (2014) 10 HRNZ 1
- Court
- High Court
The High Court held the Council had implied statutory authority under the LGA 2002 and Health Act 1956 to fluoridate drinking water, that fluoridation is a public health intervention and does not constitute 'medical treatment' for s11 NZBORA purposes, and that even if s11 were engaged any limitation would be justified under s5; the Council properly considered relevant matters and the judicial review application was dismissed.