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…