Request for Fluoridation Review Post-NTP and Health Act Compliance
SPENCER JONES made this Official Information request to Ministry of Health
Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
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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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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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
From: OIA Requests
Kia ora Spencer
Please find attached the response to your request for official
information.
Ngā mihi
OIA Services Team
Ministry of Health | Manatū Hauora
M[1]inistry of Health information releases
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References
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From: SPENCER JONES
Thank you for your response dated 17 July 2025 (Ref: H2025068786) to my request titled “Request for Fluoridation Review Post-NTP and Health Act Compliance”.
Upon review, I believe several reasonable information pathways were not fully addressed. Under the Official Information Act 1982, I now request the following additional and clarifying information:
1. Internal and External Correspondence and Memos on NTP Monograph 8 (2024, updated 2025)
Please provide:
Copies of all emails, internal memoranda, meeting minutes, briefing papers, or discussion documents referencing:
“NTP Monograph 8” OR
“National Toxicology Program” AND
“fluoride”, “neurodevelopment”, or “IQ”
Search Window: 1 August 2024 to present
Offices to search:
Office of the Director-General of Health
Office of the Chief Science Advisor
Public Health Agency
Population Health and Prevention Directorate
MoH legal team and external legal advisors
Any consultation with the Office of the Prime Minister’s Chief Science Advisor (OPMCSA), ESR, Royal Society Te Apārangi, or DHBs
2. Legal Advice or Documentation Regarding Section 92I(5) of the Health Act 1956
Please confirm whether any of the following exist since 2021:
Internal legal opinions or memoranda assessing whether the issuance of community water fluoridation directives may engage Section 92I(5) of the Health Act 1956 or Section 11 of the New Zealand Bill of Rights Act 1990;
Risk assessments, meeting notes, or correspondence advising the Director-General on the legal implications of such directives under the Health (Fluoridation of Drinking Water) Amendment Act 2021.
If no such documents exist, please provide:
A formal statement explaining how the Ministry satisfies its public law obligations when issuing binding directions under Section 116C without conducting a documented legal review under Section 92I(5).
3. Assessment of Non-Oral Exposure Pathways (Transdermal, Aerosolised, Inhaled Fluoride)
Please provide:
Any internal analysis, commissioned research, briefing documents, or correspondence that considered or ruled out non-oral exposure pathways, including but not limited to:
Transdermal absorption (e.g. bathing, showering)
Aerosol or inhalation exposure (e.g. steam inhalation, nebulised forms)
Timeframe: From 1 January 2020 to present
If no documents exist, please confirm:
Whether the Ministry consulted other agencies (e.g. ESR, EPA, HPA, WHO) or declined to undertake such research and why.
Additional Search Clarification
To ensure a lawful and complete search under sections 13 and 15 of the OIA, please provide:
A schedule of documents considered responsive to the original OIA (#31339), including those withheld in full or part, and
Confirmation of search parameters used (keywords, date range, staff consulted, systems searched).
Reminder of Legal Obligations
Please note that under Section 13 of the OIA, the Ministry is obliged to provide reasonable assistance in clarifying and fulfilling information requests. If any parts of this request are considered too broad, I request that you contact me to refine them.
Kind regards,,
Spencer Jones
Via FYI.org.nz: https://fyi.org.nz/request/31339
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 3 August 2025. You requested:
1. Internal and External Correspondence and Memos on NTP Monograph 8
(2024, updated 2025)
Please provide:
Copies of all emails, internal memoranda, meeting minutes, briefing
papers, or discussion documents referencing:
“NTP Monograph 8” OR
“National Toxicology Program” AND
“fluoride”, “neurodevelopment”, or “IQ”
Search Window: 1 August 2024 to present
Offices to search:
Office of the Director-General of Health
Office of the Chief Science Advisor
Public Health Agency
Population Health and Prevention Directorate
MoH legal team and external legal advisors
Any consultation with the Office of the Prime Minister’s Chief Science
Advisor (OPMCSA), ESR, Royal Society Te Apârangi, or DHBs
2. Legal Advice or Documentation Regarding Section 92I(5) of the Health
Act 1956
Please confirm whether any of the following exist since 2021:
Internal legal opinions or memoranda assessing whether the issuance of
community water fluoridation directives may engage Section 92I(5) of the
Health Act 1956 or Section 11 of the New Zealand Bill of Rights Act 1990;
Risk assessments, meeting notes, or correspondence advising the
Director-General on the legal implications of such directives under the
Health (Fluoridation of Drinking Water) Amendment Act 2021.
If no such documents exist, please provide:
A formal statement explaining how the Ministry satisfies its public law
obligations when issuing binding directions under Section 116C without
conducting a documented legal review under Section 92I(5).
3. Assessment of Non-Oral Exposure Pathways (Transdermal, Aerosolised,
Inhaled Fluoride)
Please provide:
Any internal analysis, commissioned research, briefing documents, or
correspondence that considered or ruled out non-oral exposure pathways,
including but not limited to:
Transdermal absorption (e.g. bathing, showering)
Aerosol or inhalation exposure (e.g. steam inhalation, nebulised forms)
Timeframe: From 1 January 2020 to present
If no documents exist, please confirm:
Whether the Ministry consulted other agencies (e.g. ESR, EPA, HPA, WHO) or
declined to undertake such research and why.
Additional Search Clarification
To ensure a lawful and complete search under sections 13 and 15 of the
OIA, please provide:
A schedule of documents considered responsive to the original OIA
(#31339), including those withheld in full or part, and
Confirmation of search parameters used (keywords, date range, staff
consulted, systems searched).
The reference number for your request is H2025070900. 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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1. http://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
From: OIA Requests
Kia ora Spencer
Please find attached the response to your request for official
information.
Ngā mihi
OIA Services Team
Ministry of Health | Manatū Hauora
M[1]inistry of Health information releases
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From: SPENCER JONES
Follow-Up to H2025070900 / FYI OIA #31339
Kia ora,
Thank you for your previous responses. I note the ongoing gaps in documentation and seek to clarify remaining, specific matters before considering an Ombudsman referral. Under the Official Information Act 1982, please provide:
A. NTP Monograph 8 – Internal Deliberations
Any internal emails, briefings, minutes, or expert correspondence that:
Discussed or reviewed the 1984 NTP Monograph 8 (2024/2025) specifically concerning fluoride neurotoxicity at or below NZ levels (~0.7–1 mg/L).
Were exchanged between MoH, OPMCSA, Royal Society, ESR, or any internal committees.
Timeline: From 1 August 2024 to present.
If none exist, please confirm that no such internal analysis, however draft or informal, was created.
B. Legal Advice – Redacted Summary
A redacted summary of the Crown Law advice withheld under s9(2)(h), including:
Date issued, nature of legal issues addressed (e.g., s92I(5), NZBORA, s116C), and authority (e.g., Crown Law).
If summarised advice cannot be produced, please explain why it cannot be redacted to a summary.
C. Non-Oral Exposure – Interagency Consultations
Records of any consultations, emails, or assessments (even if no internal result) between MoH and external agencies (e.g., ESR, WHO, EPA) concerning:
Transdermal, aerosol, or inhalation fluoride exposure.
Risk-based consideration of such exposure routes from the water supply.
Timeline: From 1 January 2020 to present.
If none, please explicitly say no consultation occurred and why.
D. Document Search Overview
A brief search log indicating:
Offices or individuals consulted,
Search terms used,
Digital systems or email archives searched,
Approximate volume of documents reviewed.
I expect a comprehensive response in line with s13 (assistance) and s15 (timely process) of the OIA. Should clarification be needed, I'm happy to refine further.
Kind regards,
Spencer Jones
FYI.org.nz OIA #31339
SPENCER JONES left an annotation ()
Public Update – OIA #31339 (Fluoridation Review and NTP Monograph 8)
Overview: After submitting multiple detailed requests since June 2025, the Ministry of Health continues to rely solely on publicly available evidence (OPMCSA 2021, Royal Society 2014, Ministry’s 2024 Review) when addressing neurodevelopmental concerns raised by the NTP Monograph 8 (2024/25).
Key Issues:
No internal deliberations released, despite repeated requests for emails, briefings, and expert discussions (including with OPMCSA, ESR, or scientific committees) on the NTP findings.
Legal advice related to s92I(5) and NZBORA was withheld but confirmed to exist (Crown Law memo). No summary was provided, limiting transparency.
Non-oral fluoride exposure pathways remain unexamined, with no records of inter-agency assessment or justification of their exclusion.
Cross‑Referenced OIAs:
OIA #31211 (my earlier request) similarly encountered refusals to disclose internal NTP-related docs.
Erika Whittome’s OIA #30696 raised comparable gaps under Section 116C(4).
A 2023‑24 fluoridation cost review sought NTP advice documentation back to March 2021—and findings were not publicly shared.
NTP Monograph 8 (2024, updated 2025) – Summary & Link:
The National Toxicology Program's Monograph 8 found a “moderate confidence” that fluoride exposure above 1.5 mg/L is linked to decreased IQ in children, with potential effects suggested at lower levels.
Why This Matters: Fluoridation mandates under Section 116C must be evidence-based. Missing internal review documents and legal analysis limits public trust, scrutiny, and accountability.
Next Steps:
A new, targeted follow-up OIA has been submitted to address remaining gaps.
A public bundle PDF is being prepared summarising all requests, responses, and context for observers.
Escalation to the Ombudsman will be considered only after exhausting these avenues.
Links for Context:
NTP Monograph link: [NTPC Monograph 8 PDF] (external)
Fluoride Free NZ commentary on NTP findings: https://fluoridefree.org.nz/
SPENCER JONES left an annotation ()
Fluoridation OIA Public Bundle – Summary of Gaps & Scientific Concerns
1. Timeline of OIA Submissions and Ministry Responses
Date Event
18 June 2025 Original OIA submitted via FYI.org.nz (#31339) requesting internal reviews on NTP Monograph 8, s92I(5) legal basis, and non-oral fluoride exposure assessments.
17 July 2025 MoH responds (H2025068786) citing only public web pages; denies holding other documents (s18(g)(i)).
3 August 2025 Follow-up OIA submitted requesting internal memos, consultations, search logs, and redacted Crown Law advice.
1 September 2025 MoH responds (H2025070900), admits Crown Law advice exists (withheld under s9(2)(h)); reaffirms no records on transdermal/inhalation risks or NTP internal analysis.
2. Summary Table – MoH Responses vs Requested Information
Requested Information MoH Response Key Concern
Internal reviews of NTP Monograph 8 Denied – public summaries only No release of emails, minutes, or briefings
Legal analysis of s92I(5) Admitted but withheld under s9(2)(h) Initially denied (s18(g)(i)); contradiction exists
Transdermal/inhalation exposure Denied – not held No evidence of consultation with ESR, WHO, or others
Document search log Omitted No search terms, staff, or systems disclosed
3. Scientific Context – NTP Monograph & Exposure Pathways
The National Toxicology Program (NTP) Monograph 8 (2024/2025) concluded with moderate confidence that fluoride exposure above 1.5 mg/L may impair neurodevelopment in children.
It also suggested possible effects at lower levels, closer to New Zealand's fluoridation levels (0.7–1.0 mg/L). Despite this, the Ministry of Health has not disclosed any internal evaluation,
scientific risk briefing, or expert peer review of the NTP findings. Additionally, no analysis was done on non-oral exposure routes (e.g., inhalation or skin absorption), despite emerging literature and public concern.
4. Legal Framework – Relevant Acts and Clauses
- Health Act 1956, Section 116C(4): Requires the Director-General to consider relevant scientific evidence when issuing fluoridation directions.
- Health Act 1956, Section 92I(5): Prohibits compulsory medical treatment.
- New Zealand Bill of Rights Act 1990, Section 11: Right to refuse medical treatment.
- Official Information Act 1982: Section 13 (assistance), Section 15 (response deadlines), Section 18(g)(i) (information not held), Section 9(2)(h) (legal privilege).
5. Conclusion – Why Transparency Is Essential
The refusal to release internal scientific deliberations and legal justifications for a nationwide health directive raises legitimate concerns regarding transparency and compliance.
Given that community water fluoridation is mandated under law, the public has a right to see how scientific and legal risks are weighed. This bundle documents the gaps and can be used as a reference for further public submissions or review.
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 2 September 2025. You
requested:
A. NTP Monograph 8 – Internal Deliberations
Any internal emails, briefings, minutes, or expert correspondence that:
Discussed or reviewed the 1984 NTP Monograph 8 (2024/2025) specifically
concerning fluoride neurotoxicity at or below NZ levels (~0.7–1 mg/L).
Were exchanged between MoH, OPMCSA, Royal Society, ESR, or any internal
committees.
Timeline: From 1 August 2024 to present.
If none exist, please confirm that no such internal analysis, however
draft or informal, was created.
B. Legal Advice – Redacted Summary
A redacted summary of the Crown Law advice withheld under s9(2)(h),
including:
Date issued, nature of legal issues addressed (e.g., s92I(5), NZBORA,
s116C), and authority (e.g., Crown Law).
If summarised advice cannot be produced, please explain why it cannot be
redacted to a summary.
C. Non-Oral Exposure – Interagency Consultations
Records of any consultations, emails, or assessments (even if no internal
result) between MoH and external agencies (e.g., ESR, WHO, EPA)
concerning:
Transdermal, aerosol, or inhalation fluoride exposure.
Risk-based consideration of such exposure routes from the water supply.
Timeline: From 1 January 2020 to present.
If none, please explicitly say no consultation occurred and why.
D. Document Search Overview
A brief search log indicating:
Offices or individuals consulted,
Search terms used,
Digital systems or email archives searched,
Approximate volume of documents reviewed.
The reference number for your request is H2025072140. 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]).
Ngā mihi
OIA Services Team
[3]Ministry of Health information releases
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References
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1. http://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
From: OIA Requests
Kia ora Spencer
Please see attached a response to your request for official information.
Ngā mihi
OIA Services Team
Ministry of Health | Manatū Hauora
M[1]inistry of Health information releases
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References
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SPENCER JONES left an annotation ()
Kia ora koutou,
Thank you to those following this type of very important health requests. I have now reviewed the Ministry of Health’s 17 July 2025 response (Ref: H2025068786) and wish to highlight several issues for transparency and public clarity.
🔍 Overview of Concerns
Scientific Oversight Gaps:
The Ministry only disclosed one document—a publicly available Evidence Review from December 2024—which summarises the NTP Monograph 8 but fails to include any internal communications, scientific deliberations, or external consultation records since 1 August 2024.
Legal Accountability and Section 92I(5):
No legal advice or documentation was provided despite my specific request. The Ministry’s position is based solely on a 2018 Supreme Court decision, without evidence of contemporary legal review by or for the Director-General of Health when issuing fluoridation directions.
Dismissal of Non-Oral Exposure Risks:
The Ministry stated that non-ingestion exposure (e.g., through bathing or inhalation) is negligible and that no documents exist. This raises questions about whether emerging scientific literature or stakeholder concerns were ever assessed.
Administrative Misaddressing:
The Ministry acknowledged that its interim response was incorrectly addressed and linked to an unrelated request, which adds to procedural concerns regarding internal tracking and search accuracy.
📝 What Happens Next?
I’ve submitted a formal follow-up OIA (see above) requesting:
Internal and external NTP-related documents,
Legal advice on fluoridation and compulsory treatment laws,
Any evaluations of transdermal or aerosolised fluoride exposure,
A complete schedule of documents considered during the original OIA.
🔎 Why This Matters
Given the mandated nature of fluoridation under the Health Act, there is a heightened legal and ethical requirement for transparency, scientific rigour, and lawful process. The absence of internal documentation suggests either that no such analysis was done—or it has not been disclosed.
I encourage others to submit related OIAs, review Erika Whittome’s related request (#30696), or explore scientific critiques (e.g. from Fluoride Free NZ, FAN, and the updated NTP review).
Together, we can help ensure that public health decisions are truly evidence-based and that government agencies are fully accountable under the OIA.
Kind regards,
Spencer Jones
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