High Court was wrong to find order forcing councils to fluoridate unlawful, appeal finds

The Court of Appeal has ruled the High Court was wrong when it found an order forcing 14 councils to fluoridate was unlawful.

The High Court ruled in 2023 that former Director General of Health Ashley Bloomfield did not adequately consider the Bill of Rights Act regarding the right to refuse medical treatment, when he told the councils they had to fluoridate drinking water.

The Health Ministry appealed the ruling.

The Court of Appeal said it was not complusory to take the Bill of Rights into consideration when making the order - and doing so in the fluoride case would have caused wider confusion and uncertainty.

The Ministry of Health was given responsibility for making decisions on water fluoridation in a law change in 2021, when previously it had been left to individual councils.