New Health New Zealand Incorporated v South Taranaki District Council and Attorney-General for and on behalf of the Minister of Health

[2017] NZSC 13

IN THE SUPREME COURT OF NEW ZEALAND

SC 141/2016
[2017] NZSC 13

BETWEEN

NEW HEALTH NEW ZEALAND INCORPORATED
Applicant

AND

SOUTH TARANAKI DISTRICT COUNCIL
First Respondent

ATTORNEY-GENERAL for and on behalf of the Minister of Health
Second Respondent

Court:	William Young, Glazebrook and OʼRegan JJ
Counsel:	M T Scholtens QC and L M Hansen for Applicant D J S Laing and H P Harwood for First Respondent S V McKechnie and K G Stone for Second Respondent
Judgment:	20 February 2017

JUDGMENT OF THE COURT

ALeave to appeal is granted (New Health New Zealand Inc v South Taranaki District Council [2016] NZCA 462, [2017] 2 NZLR 13).

BThe approved question is whether the Court of Appeal was correct to dismiss the appeals of the appellant in CA159/2014, CA615/2014 and CA529/2015.

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REASONS

1. We note that if the Health (Fluoridation of Drinking Water) Amendment Bill is passed the Court may ask for submissions on whether we should reconsider the grant of leave.

Solicitors:
Wynn Williams Lawyers, Christchurch for Applicant
Simpson Grierson, Wellington for First Respondent
Crown Law Office, Wellington for Second Respondent