Sean Plunket interviewed Dr Robin Whyman 13 February 2025
Summary as at the 29th of July 2024
Fluoridation is still legal in New Zealand but there is an ongoing court case.
Council Action.
Awaiting ruling on an important U.S. court case.
Ongoing Court Case – New Health New Zealand (NHNZ) vs Director General of Health (DGH)
Not for profit group, NHNZ is challenging the legality of the DGH’s directives to 14 councils to start fluoridation in one or more of their water supplies. The first Hearing, held in November 2023, was a point of clarification as to whether the directives by the DGH violated the New Zealand Bill of Rights (BORA).
The judge ruled that it did engage section 11 of BORA and that the directives were unlawful because the DGH had not considered BORA when making the directives. The DGH has appealed this ruling. The Appeal is due to be heard some time next year.
Note: engaging the Bill of Rights is not the same as violating the Bill of Rights as sections 4 and 5 can override any other section.
Both parties (NHNZ and the DG) were asked to come to an agreement about what action should therefore be taken. They were unable to agree so the judge ruled in February 2024 that the DGH had to do a BORA analysis but the directives were still valid.
This has left the legality of the directives up in the air since they are “unlawful” but “valid” at the same time.
Status at at July 2024
NHNZ have now requested a recall of this decision. It is due to be heard in the High Court on the 9th of August 2024. The substantive hearing is due at the end of 2025.
Council Action – Fluoride Free New Zealand and New Zealand Doctors Speaking Out With Science vs Hastings District Council.
Hastings District Council decided to implement fluoridation in April 2024 in response to the directive they received from the DGH. Since neither the DGH or the Hastings District Council had not completed the BORA analysis, FFNZ and NZDSOS considered the implementation of fluoridation would be illegal. However, the judge ruled that because the ruling in February 2024 said the directives were valid, the case was lost. FFNZ and NZDSOS are now required to pay costs of circa $20,000 each to both the Hastings District Council and the DGH who had joined the case.
Status at at July 2024
FFNZ and NZDSOS are appealing the costs.
Important U.S. Court Case – Fluoride Action Network vs Environmental Protection Agency
Fluoride Action Network (FAN) submitted to the EPA that they needed to do a risk assessment on fluoridation. The EPA refused, so FAN have sued them in a Federal Court. There have been two trials (2021 and February 2024) and various delays. The claim by FAN is that fluoridation poses an unreasonable risk.
Status at at July 2024
Ruling was expected in April 2024 but has still not come out. It could be delivered any day or maybe not for month.
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