Request for Fluoridation Review Post-NTP and Health Act Compliance
SPENCER JONES made this Official Information request to Ministry of Health
The request was partially successful.
From: SPENCER JONES
Dear Ministry of Health,
Under the Official Information Act 1982, I request the following information relating to community water fluoridation decisions made under the Health (Fluoridation of Drinking Water) Amendment Act 2021:
1. Copies of any internal or external reviews, briefings, scientific assessments, or correspondence since 1 August 2024 that evaluate or respond to the National Toxicology Program Monograph 8 (2024, updated 2025), titled “Fluoride and Neurodevelopmental Outcomes.”
2. Any documents, memos, or legal advice reflecting how the Director-General of Health has considered Section 92I(5) of the Health Act 1956, which prohibits compulsory medical treatment, in relation to water fluoridation directives issued under Section 116C.
3. Any internal or commissioned Ministry of Health evaluations of non-oral fluoride exposure, such as transdermal (skin) or aerosol/inhalation absorption from fluoridated public water supplies.
Please provide the requested information in electronic format. If any part of this request is refused, please provide the legal grounds under the Act and specify which part is being withheld and why.
I am aware of and support Erika Whittome’s related OIA request (#30696) on FYI.org.nz. This is a complementary request intended to clarify and expand on unresolved matters in that correspondence.
Yours faithfully,
SPENCER JONES
From: OIA Requests
Kia ora Spencer
Thank you for your request under the Official Information Act 1982 (the
Act), received by the Ministry of Health on 18 June 2025. You requested:
Under the Official Information Act 1982, I request the following
information relating to community water fluoridation decisions made under
the Health (Fluoridation of Drinking Water) Amendment Act 2021:
1. Copies of any internal or external reviews, briefings, scientific
assessments, or correspondence since 1 August 2024 that evaluate or
respond to the National Toxicology Program Monograph 8 (2024, updated
2025), titled “Fluoride and Neurodevelopmental Outcomes.”
2. Any documents, memos, or legal advice reflecting how the
Director-General of Health has considered Section 92I(5) of the Health Act
1956, which prohibits compulsory medical treatment, in relation to water
fluoridation directives issued under Section 116C.
3. Any internal or commissioned Ministry of Health evaluations of
non-oral fluoride exposure, such as transdermal (skin) or
aerosol/inhalation absorption from fluoridated public water supplies.
Please provide the requested information in electronic format. If any part
of this request is refused, please provide the legal grounds under the Act
and specify which part is being withheld and why.
The reference number for your request is H2025068786. As required under
the Act, the Ministry will endeavour to respond to your request no later
than 20 working days after the day your request was
received: [1]http://www.ombudsman.parliament.nz/
If you have any queries related to this request, please do not hesitate to
get in touch ([2][email address]).
Ngâ mihi
OIA Services Team
[3]Ministry of Health information releases
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References
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2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
From: OIA Requests
Kia ora Hayden
Thank you for your request under the Official Information Act 1982 (the
Act), reference H2025068164. By way of update, the Ministry is writing to
advise that we have located the relevant documents within scope of your
request; however, given the volume of the documents involved, necessary
consultations to undertake, and the relevant teams operating at reduced
capacity, preparing these for release is taking more time than initially
anticipated.
The Ministry remains fully committed to providing the requested
information as soon as possible. To minimise further delays, we are
considering a staged release of the documents to ensure that you receive
the documents progressively as they become available. For the time being,
please find attached a copy of two ‘recall’ notices received in July 2021
from Philips Healthcare. These are released to you with some information
withheld under section 9(2)(a) of the Act, to protect personal privacy.
The Ministry will continue to update you on the remaining documents for
release, noting that some of these may not be able to be released or may
have significant portions withheld under the following provisions of the
Act:
· section 9(2)(b)(ii) where its release would likely unreasonably
prejudice the commercial position of the person who supplied the
information; and,
· section 9(2)(ba)(i) to protect information that is subject to an
obligation of confidence and making it available would likely prejudice
the supply of similar information, or information from the same source.
The Ministry has considered the countervailing public interest in release
when withholding information.
The Ministry apologises for any inconvenience caused by the delay in
providing this information to you. If you wish to discuss any aspect of
your request with us, including this decision, please feel free to contact
the OIA Services Team on [1][email address].
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [2][email address] or by calling 0800
802 602.
Ngâ mihi
OIA Services Team
Ministry of Health | Manatû Hauora
M[3]inistry of Health information releases
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References
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1. mailto:[email address]
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
From: SPENCER JONES
Kia ora Ministry of Health OIA Services,
Thank you for your acknowledgement of my OIA request (H2025068786) regarding community water fluoridation decisions under the Health (Fluoridation of Drinking Water) Amendment Act 2021. I appreciate your indication that relevant documents have been located and understand that processing time may be extended due to workload.
However, I wish to formally raise the following concerns:
⸻
🔍 Clarification Required – Apparent Misaddressed Response
Your most recent communication appears to be addressed to “Hayden” and references a different request number (H2025068164), with attached materials (Philips Healthcare recall notices) that are unrelated to the subject of my request. This suggests a possible administrative mix-up or cross-posting error.
Can you please confirm:
• That my request (H2025068786) is still being processed independently,
• That no documents intended for another requester were incorrectly sent to me, and
• Whether any documents relevant to my actual request have been released or withheld so far.
⸻
📄 Substantive Gaps in Response
To reiterate, I specifically requested:
1. Any internal reviews, assessments, or correspondence concerning NTP Monograph 8 (2024, updated 2025) on fluoride neurotoxicity;
2. Legal advice or policy documents on how Section 92I(5) of the Health Act 1956 was considered when issuing directives under Section 116C;
3. Scientific evaluations of non-oral fluoride exposure, including transdermal and aerosol absorption pathways.
Your reply has not yet provided any documents relevant to those three points, nor any indication of whether such documents exist, will be released, or are being withheld.
⸻
⚖️ Legal Grounds and Public Interest
Your letter references sections 9(2)(a), 9(2)(b)(ii), and 9(2)(ba)(i) as potential withholding grounds. I request that, for each document withheld, you please:
• Specify which statutory ground applies,
• Confirm whether the public interest test under section 9(1) has been applied,
• Provide a schedule of the documents being processed, including their intended release date(s), if any.
⸻
📆 Timeliness and Right to Complain
This request was lodged on 18 June 2025. While I understand that delays may occur, I reserve the right to seek a formal review by the Ombudsman under section 28(3) of the OIA if the staged release timeline and scope remain unclear by 16 July 2025, or if relevant documents are not released in a timely and transparent manner.
⸻
🧾 Reference to Related Request
My request was framed in support of, and in addition to, OIA Request #30696 by Erika Whittome. That request was responded to on 3 July 2025 (H2025088090) but also failed to address key matters, such as transdermal fluoride absorption, legal compliance with Section 92I(5), or scientific engagement with the updated NTP findings.
I respectfully ask that the Ministry treat these interlinked requests with the seriousness and specificity they deserve.
Kind regards,
Spencer Jones
FYI Requester – OIA #31339
https://fyi.org.nz/request/31339
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