New Health New Zealand Inc v South Taranaki District Council - [2017] 2 NZLR 13

Local government — Powers — Judicial review — Power of local authorities to fluoridate public water supply — Whether decision to fluoridate ultra vires — Statutory authority — Whether requiring legislation to establish clear mandate for local authorities to fluoridate public water supply — Implied power — Municipal Corporations Act 1954, ss 240(1), 288.

Human rights — New Zealand Bill of Rights Act 1990 — Public health — Right to refuse medical treatment — Fluoridation of public water supply — Whether fluoridation amounting to medical treatment — Whether fluoridation demonstrably justified limit — New Zealand Public Health and Disability Act 2000, ss 3, 6.

Administrative law — Judicial review — Validity of amending regulations — Fluoridation of public water supply — Compounds added to water declared not to be medicines under amending regulations — Amending regulations confirming judicial decision — Whether error of law to find compounds not medicines — Whether regulations made for improper purpose — Right of appeal impaired — Costs — Medicines Amendment Regulations 2015.