New Health New Zealand Inc v South Taranaki District Council

The Court of Appeal has dismissed three appeals brought by New Health New Zealand Inc, an organisation opposed to the fluoridation of water supplies. The first appeal (CA159/2014) was against the decision of Rodney Hansen J in the High Court that the South Taranaki District Council had lawful authority to fluoridate the water supplies for Patea and Waverley. The second appeal (CA615/2014) was against the decision of Collins J in the High Court that two compounds added to water supplies for fluoridation purposes, hydrofluorosilicic acid and sodium silico fluoride, were not medicines in terms of the Medicines Act 1981. The third appeal (CA529/2015) was against the decision of Kós J in the High Court that the Medicines Amendment Regulations 2015 were validly made. The Court held that the Council had lawful authority to fluoridate the water supplies of Patea and Waverley under the Local Government Act 2002 and the Health Act 1956. It was held that the Council’s decision was not in breach of s 11 of the New Zealand Bill of Rights Act 1990 (NZBORA), which provides that everyone has the right to refuse to undergo medical treatment. The Court held that the fluoridation of water was not medical treatment in terms of s 11 of the NZBORA. It was held that the Medicines Amendment Regulations 2015 were validly made. The Court also held that the costs orders made in the High Court were correct.