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.