Legal Challenge to MoH Fluoridation Directives Filed

Monday 7 August 2023, 8:55AM

By Fluoride Free New Zealand


On the 12th of June 2023, New Health New Zealand filed proceedings against Director-General (DG) of Health’s directives to 14 Local councils to fluoridate parts of their water supplies. A further 27 councils have been advised that the DG has an intention to direct fluoridation.

Last week, New Health New Zealand wrote to these 14 councils advising them of these proceedings. 

Individual councils can apply for an Interim Injunction to hold off complying with the Directive until the case has been heard. 

We believe these councils should also consider Section 23 of the 1956 Health Act as a basis for refusal: the Council cannot lawfully put a substance injurious to the public health in the water supply (no matter what the Director-General says). The latest US Government National Toxicology Program Report establishes that fluoridation does exactly that since it has found that fluoride is a neurotoxin with no known level in water where neurological harm does not occur (see page 652 of the Meta-analysis).

Fluoridation is also a huge cost to rate payers/tax payers (depending on who ends up funding it) as the cost across these 14 councils runs into the millions of dollars, hundreds of thousands for each of the council. 

In November 2021 legislation was passed that moved decision making from local councils into the hands of the DG. According to this legislation, local councils must follow the DG’s directive otherwise they face a find of $200,000 plus $10,000 per day for every day they do not comply.

If this case is successful, it could potentially spell the end of fluoridation in NZ as there can be no basis in a free and democratic society for putting a neurotoxin in the water supply that is equivalent in its effect to lead in petrol.