27 Jun 2018
NEW HEALTH NEW ZEALAND INCORPORATED v SOUTH TARANAKI DISTRICT COUNCIL [2018] NZSC 59
- Citation
- [2018] NZSC 59
- Court
- Supreme Court
Appeal dismissed. The Court (majority) held that local authorities supplying drinking water have statutory authority to fluoridate in the present legislative context and that, while addition of fluoride to public water supplies constitutes medical treatment and engages s 11 NZBORA, the limitation upon the right is prescribed by law and is a reasonable limit demonstrably justified in a free and democratic society under s 5; accordingly the Council's decision to fluoridate was within lawful authority and compatible with rights when justified on the evidence and statutory framework.