Fluoride Action Network (NZ) Inc v Hastings District Council - [2024] 2 NZLR 779

Local government — Powers — Judicial review — Fluoridation of water supply by Council — Council compliance with direction to fluoridate by Director-General of Health — Whether decision by Council to fluoridate water unlawful — New Health decision — Director-General ordered by Court to reconsider direction due to error of law — Whether unlawful for Council to fluoridate water prior to reconsideration by Director-General — Whether Council made error of law by considering it had no discretion whether to comply with direction — Consistent interpretation with New Zealand Bill of Rights Act 1990 — Principle of legality — Failing to seek extension of deadline for compliance with direction — Injunctive relief — New Zealand Bill of Rights Act 1990 ss 6 and 11.

Administrative law — Judicial review — Council compliance with direction by Director-General of Health — Fluoridation of water supply — Whether decision by Council to recommence fluoridation in compliance with direction by Director-General of Health unlawful — Discretion — New Health decision — Director-General ordered by Court to reconsider direction due to error of law — Whether unlawful for Council to fluoridate water prior to reconsideration by Director-General — Whether Council made error of law by considering it had no discretion whether to comply with direction — Consistent interpretation with New Zealand Bill of Rights Act 1990 — Principle of legality — Failing to seek extension of deadline for compliance with direction — Injunctive relief — New Zealand Bill of Rights Act 1990 ss 6 and 11.

Human rights — New Zealand Bill of Rights Act 1990 — Public health — Fluoridation of public water supply — Whether demonstrably justified limit on right to refuse medical treatment — Direction by Director-General of Health to local councils to fluoridate water supply — New Health decision — Director-General required to undertake Bill of Rights analysis on direction — Council fluoridating water before reconsideration of direction by Director-General — New Zealand Bill of Rights Act 1990 ss 6 and 11.