133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
1 September 2025
Spencer Jones
By email: [FYI request #31339 email]
Ref:
H2025070900
Tēnā koe Spencer
Response to your request for official information
Thank you for your follow up request under the Of icial Information Act 1982 (the Act) to the
Ministry of Health – Manatū Hauora (the Ministry) 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:
o
“NTP Monograph 8” OR
o
“National Toxicology Program” AND
o
“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
In response to your original request, we provided you with a link to the two documents relevant
to your request, which are publicly available. In our response, the Ministry searched for
documents which include the substantive information within the scope of your request.
Information that is administrative in nature has not been considered in scope.
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 Bil of Rights Act 1990;
As noted in our response to your original request, section 92I is contained in Part 3A of the
Health Act 1956, which pertains to giving directions to individuals to manage infectious
diseases. Fluoridation is not regulated under this section. This part of your request is therefore
refused under section 18(g)(i) of the Act as the information requested is not held by the Ministry
and there are no grounds for believing that the information is held by another agency subject to
the Act.
•
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).
One document titled
Crown Law advice on engagement with local authorities to support the
New Zealand Bil of Rights Act analysis for community water fluoridation has been identified in
scope of this part of your request. This document is withheld in full under section 9(2)(h) of the
Act to maintain legal professional privilege. I have considered the countervailing public interest
in release in making this decision and consider that it does not outweigh the need to withhold at
this time.
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:
o
Transdermal absorption (e.g. bathing, showering)
o
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.
The Ministry does not hold the information requested and there is no requirement under the
Of icial Information Act 1982 (the Act) for agencies to create new information, provide an
opinion or compile information that is not part of the usual reporting process. Your request for
this information is therefore refused under section 18(g)(i) of the Act.
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).
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The Ministry did not withhold any information in response to your original request
(H2025068786 refers). The Ministry takes reasonable steps to identify information in scope of
requests. To answer your request, subject matter experts were asked to identify the relevant
information in scope of your request. As there are a small number of people who would hold the
information requested, it was not necessary to conduct an information management search.
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: [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:
[email address] or by calling 0800 802 602.
Please note that this response, with your personal details removed, may be published on the
Ministry website at:
www.health.govt.nz/about-ministry/information-releases/responses-official-
information-act-requests
Nāku noa, nā
Jane Chambers
Group Manager, Public Health Policy and Regulation
Public Health Agency | Te Pou Hauora Tūmatanui
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