The Country
  • The Country home
  • Latest news
  • Audio & podcasts
  • Opinion
  • Dairy farming
  • Sheep & beef farming
  • Rural business
  • Rural technology
  • Rural life
  • Listen on iHeart radio

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • Coast & Country News
  • Opinion
  • Dairy farming
  • Sheep & beef farming
  • Horticulture
  • Animal health
  • Rural business
  • Rural technology
  • Rural life

Media

  • Podcasts
  • Video

Weather

  • Kaitaia
  • Whāngarei
  • Dargaville
  • Auckland
  • Thames
  • Tauranga
  • Hamilton
  • Whakatāne
  • Rotorua
  • Tokoroa
  • Te Kuiti
  • Taumurunui
  • Taupō
  • Gisborne
  • New Plymouth
  • Napier
  • Hastings
  • Dannevirke
  • Whanganui
  • Palmerston North
  • Levin
  • Paraparaumu
  • Masterton
  • Wellington
  • Motueka
  • Nelson
  • Blenheim
  • Westport
  • Reefton
  • Kaikōura
  • Greymouth
  • Hokitika
  • Christchurch
  • Ashburton
  • Timaru
  • Wānaka
  • Oamaru
  • Queenstown
  • Dunedin
  • Gore
  • Invercargill

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / The Country

Supreme Court rules South Taranaki fluoridation allowed

Melissa Nightingale
By Melissa Nightingale
Senior Reporter, NZ Herald - Wellington·NZ Herald·
26 Jun, 2018 09:23 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Supreme Court has backed the Court of Appeal ruling in favour of the council, rejecting anti-fluoride group New Health New Zealand's argument. Photo / File
Supreme Court has backed the Court of Appeal ruling in favour of the council, rejecting anti-fluoride group New Health New Zealand's argument. Photo / File

Supreme Court has backed the Court of Appeal ruling in favour of the council, rejecting anti-fluoride group New Health New Zealand's argument. Photo / File

The Supreme Court has ruled that a council can add fluoride to the water supply in South Taranaki, despite legislation stating people have the right to refuse medical treatment.

The court made a majority decision that adding fluoride to drinking water did fall under section 11 of the NZ Bill of Rights Act, which gives people the right to refuse medical treatment, but it ruled the council's power to add the fluoride was a "justified limit" on that right.

South Taranaki District Council was given the go-ahead to fluoridate water in Waverley and Patea after a Court of Appeal ruling in 2016.

The Court of Appeal rejected anti-fluoride group New Health New Zealand's argument that fluoridation of water amounted to medical treatment, which the public should have the right to refuse.

But the group challenged that decision. Lawyer Mary Scholtens QC, said at a hearing in the Supreme Court in November last year that fluoridation was adding a substance to drinking water for a therapeutic medical purpose, which had a medical effect and therefore qualified as medical treatment.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

She said adding fluoride breached section 11 of the Bill of Rights Act, which states everyone has the right to refuse to undergo medical treatment.

She also argued the council was not legally authorised to add fluoride to the water.

But the Supreme Courtdisagreed.

Advertisement
Advertise with NZME.

It dismissed the appeals and awarded costs of $20,000 to the council.

Today's ruling follows a six-year legal battle that began when the lobby group took the matter to the High Court, where the council's right to fluoridate the supply was also upheld.

READ MORE: Fluoride approval for South Taranaki

The Ministry of Health then declared fluoride was not a medicine, after the High Court recommended it consider passing a regulation under the Health Act to put the matter beyond doubt.

Discover more

Kick in the teeth for fluoride opponents

27 Jun 05:00 PM

South Taranaki mayor Ross Dunlop said the legal battle had cost the council at least $300,000-$350,000, though the Ministry of Health had assisted with funding.

"We had a request from our local district health board to add fluoride into some extra communities in our district. We took that up, not expecting to end up in a very complicated legal situation," he said.

"We were just trying to do the right thing, particularly for young people in our communities with challenges in oral health. It turned into a major legal battle, which wasn't our intention."

Water New Zealand chief executive John Pfahlert earlier said the benefits of fluoride protection for dental health were "irrefutable".

He said fluoride posed no health risks at the recommended levels of 0.7 to 1.0 parts per million in drinking water.

Anti-fluoride campaigner Mary Byrne said outside court this morning she was disappointed with the ruling.

Advertisement
Advertise with NZME.

"We think it's really disappointing and we think it defies logic," she said.

"If you go to the pharmacy and you buy fluoride tablets it has directions and dosage and it has warnings ... fluoride is a medicine."

She said fluoride was shown to lower IQ.

The New Zealand Dental Association (NZDA) has welcomed the ruling, however.

"We have seen South Taranaki District Council take part in expensive and unnecessary legal proceedings, at a cost to ratepayers. A cost that has also fallen on the Crown via the Attorney General," said chief executive Dr David Crum.

"Community water fluoridation is effective, safe and affordable, we will soon see decision-making for this sit with DHBs. This means that no council will have to face what South Taranaki District Council did as a result of making public health decisions for their community.

Advertisement
Advertise with NZME.

"The Centers for Disease Control and Prevention lists water fluoridation as one of the ten great public health achievements of the 20th century."

Save

    Share this article

Latest from The Country

The Country
|Updated

Canada agrees to $157m dairy deal after NZ trade dispute

The Country

Worry and speculation as manager of Molesworth Station resigns

Premium
The Country

Stock Takes: The unusual way an NZX-listed company found out its major shareholder was selling up


Sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

Advertisement
Advertise with NZME.

Recommended for you

'Nice and cold': Whanganui's weekend weather forecast
Whanganui Chronicle

'Nice and cold': Whanganui's weekend weather forecast

Blake Lively's deposition delayed in harassment lawsuit
Entertainment

Blake Lively's deposition delayed in harassment lawsuit

Canada agrees to $157m dairy deal after NZ trade dispute
New Zealand

Canada agrees to $157m dairy deal after NZ trade dispute

5 incredible cheese experiences you can have in Switzerland
Travel

5 incredible cheese experiences you can have in Switzerland

Referee abuse: The alarming stats that highlight a troubling trend
Sport

Referee abuse: The alarming stats that highlight a troubling trend

UK to lower voting age to 16 - should New Zealand do the same?
New Zealand

UK to lower voting age to 16 - should New Zealand do the same?



Latest from The Country

Canada agrees to $157m dairy deal after NZ trade dispute
The Country
|Updated

Canada agrees to $157m dairy deal after NZ trade dispute

Canada will allow NZ dairy access after a lengthy trade dispute.

17 Jul 10:51 PM
Worry and speculation as manager of Molesworth Station resigns
The Country

Worry and speculation as manager of Molesworth Station resigns

17 Jul 09:20 PM
Premium
Premium
Stock Takes: The unusual way an NZX-listed company found out its major shareholder was selling up
The Country

Stock Takes: The unusual way an NZX-listed company found out its major shareholder was selling up

17 Jul 09:00 PM


Solar bat monitors uncover secrets of Auckland’s night sky
Sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

06 Jul 09:47 PM

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP
search by queryly Advanced Search