Court of Appeal confirms fluoridation is lawful
4 October 2016
Court of Appeal confirms fluoridation is lawful and is not compulsory medical treatment
The Court of Appeal's recent decision in New Health NZ Inc v South Taranaki District Council related to the two key findings in the High Court's decision that:
• The power to fluoridate the water supply was implied in the Local Government Act 2002 (LGA 02), supported by the Health Act 1956 (Health Act); and
• Fluoridation of water was not medical treatment for the purposes of s11 of the New Zealand Bill of Rights Act 1990 (NZBORA).
The Court of Appeal accepted the LGA and the Health Act authorised local authorities to fluoridate public water.
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FYI: Court of Appeal confirms fluoridation is lawful