New Health New Zealand Inc v South Taranaki District Council - [2014] 2 NZLR 834

Administrative law — Judicial review — Council fluoridation decision — Whether power to fluoridate implied in legislation — Whether required authorisation as regulatory function — Whether water a food under Medicines Act — Whether Council overlooked relevant considerations — Medicines Act 1981, s 94(1).

Human rights — New Zealand Bill of Rights Act — Whether fluoridation medical treatment — Whether power to fluoridate prescribed by law — Whether power to fluoridate demonstrably justified — Effect of triviality or technicality of breach — International Covenant on Civil and Political Rights, art 7.