"I've listened to the legal threats," said Mr Chesterman. "I am relaxed about that. I will be very happy for a court system to make a decision to define it for the rest of New Zealand. We need to get this resolved for once and for all."
Pat McNair from Fluoride Free Hamilton said the decision makes a "complete mockery" of the tribunal.
"You cannot afford any legal challenge. Swanz (Safe Water Alternative New Zealand) is prepared to follow this up in court. There is far more integrity in doing the right thing, rather than the popular thing."
Mayor Julie Hardaker said more than 40,000 people had given their views to the council through the submissions, referendum, public forums, direct communication and the consultation process with Waikato District Council residents who receive the Hamilton City Council's water supply.
"The overwhelming majority of those wanted the water fluoridated. The additional information the council now had before it, which it didn't have last year, was the outcome of the referendum, where over 24,000 Hamiltonians said they wanted fluoride in the water."
Hamilton City Council was put on notice of possible judicial review proceedings by Swanz.
The notice warned council that should they make a decision to reintroduce fluoride into the city's water supply, Swanz would seek a Judicial Review of the decision.
"There actually needs to be a completely new hearing - with public notification of the proposal to reintroduce fluoride and sufficient time allowed for written and oral submissions, allowing everyone who wants to, to be heard," Trevor Crosbie, spokesperson and co-ordinator of Swanz said.