News article
A recent High Court judgment has kept in place directions issued to local authorities to fluoridate drinking water supplies.
The judgment has also directed the Director-General of Health to assess whether each of the directions for local authorities is a demonstrably justified limit on the right of persons in those districts to refuse medical treatment. That right is provided for in section 11 of the New Zealand Bill of Rights Act 1990.
The Director-General will assess each direction as directed by the Judge. In the meantime, the Court has confirmed that each of those directions remain in place.
In June 2022, the Director-General directed 14 local authorities across New Zealand to fluoridate 19 drinking water supplies. This was the first time such directions were issued, following changes to the Health Act in 2021 that enabled the Director-General to make this decision.
This most recent judgment follows a judgment on a preliminary issue in November last year that found the Director-General made an error of law by not explicitly considering rights under the New Zealand Bill of Rights Act 1990 in making a decision on each of those directions.
However, this most recent judgment found that the directions issued in 2022 will remain in place while the Director-General assesses the substantive consistency of the directions with the New Zealand Bill of Rights Act 1990.
The Ministry of Health will continue to update the local authorities that are under direction about the implications of the judgment and the outcome of the Bill of Rights Act assessments.