New Zealand Case Law: Decisions & Judgments

Topic

Fluoridation of drinking water

Legal area

Court

10 Nov 2023

NEW HEALTH NEW ZEALAND INC v DIRECTOR-GENERAL OF HEALTH [2023] NZHC 3183_x000b_

Citation

[2023] NZHC 3183
Court

High Court

When a public decision under NZBORA may limit a protected right the decision‑maker must, as a matter of procedure, identify the engagement of the right and engage with whether the limit is reasonable under s5; failure to do so is an error of law. The Director‑General did not undertake the required NZBORA assessment in issuing s116E fluoridation directions and the second cause of action succeeds.
27 Oct 2022

NEW HEALTH NEW ZEALAND INC v WELLINGTON WATER LTD [2022] NZHC 2783

Citation

[2022] NZHC 2783
Court

High Court

Costs awarded to the respondents; public interest did not justify nominal costs; the proceedings were categorised as category 3 given their complexity and significance; no uplift for refusal to accept settlement offer because no additional legal expenditure resulted, but steps 23 and 24 (filing opposition to interlocutory application and preparing written submissions) are to be assessed at time band C rather than B to reflect the additional work of three respondents; costs to be calculated accordingly.
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.
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.
20 Feb 2017

NEW HEALTH NEW ZEALAND INCORPORATED v SOUTH TARANAKI DISTRICT COUNCIL [2017] NZSC 13

Citation

[2017] NZSC 13
Court

Supreme Court

The Supreme Court granted leave to appeal and approved a single question for determination: whether the Court of Appeal was correct to dismiss the appellant's appeals; the Court did not decide the merits but framed the issue for full hearing.
27 Sept 2016

NEW HEALTH NEW ZEALAND INCORPORATED v SOUTH TARANAKI DISTRICT COUNCIL [2016] NZCA 462

Citation

[2016] NZCA 462
Court

Court of Appeal

The Court of Appeal held that (1) the Local Government Act 2002 taken with Part 2A of the Health Act 1956, and the New Zealand drinking-water standards, authorize (but do not compel) local authorities to add fluoride to drinking water within prescribed maximum acceptable values; (2) the fluoridation of drinking water is a public health measure that does not amount to "medical treatment" for the purposes of s11 NZBORA, and even if s11 were engaged any infringement is prescribed by law and justified under s5 as rationally connected, necessary within the range of reasonable alternatives and prop…

New Zealand Case Law

NEW HEALTH NEW ZEALAND INC v DIRECTOR-GENERAL OF HEALTH [2023] NZHC 3183_x000b_

NEW HEALTH NEW ZEALAND INC v WELLINGTON WATER LTD [2022] NZHC 2783

NEW HEALTH NEW ZEALAND INC v WELLINGTON WATER LTD [2022] NZHC 2389

NEW HEALTH NEW ZEALAND INCORPORATED v SOUTH TARANAKI DISTRICT COUNCIL [2018] NZSC 59

NEW HEALTH NEW ZEALAND INCORPORATED v SOUTH TARANAKI DISTRICT COUNCIL [2017] NZSC 13

NEW HEALTH NEW ZEALAND INCORPORATED v SOUTH TARANAKI DISTRICT COUNCIL [2016] NZCA 462