Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
12 November 2025
Erika Whit ome
[FYI request #32437 email]
Our ref: OIA 126843
Tēnā koe Erika
Official Information Act request: Water fluoridation
I refer to your email of 1 October 2025 to the Attorney-General, Hon Judith Collins KC,
requesting information under the Of icial Information Act 1982 (the Act), relating to water
fluoridation. On 15 October 2025, your request was transferred in part under section 14 of
the Act by the At orney-General’s Office to the Ministry of Justice (the Ministry), for
response. Specifically, you requested:
Please would you share the information on the Fluoridation of Drinking Water
Amendment Act 2021 ? I was unable to locate the AG advice on
https://urldefense.com/v3/__https://www.justice.govt.nz/justice-sector-
policy/constitutional-issues-and-human-rights/the-bill-of-rights-act/advice/__;!!Asq5-
8xVch3Reg!qnYDBLjh7uiHUS0RpQI0c1jma2LLYcpvzUOrVXO2msKmLsQ52Cv3oL
m1M294WVtk_gmU1JUBzzQ9JlzRGa6847cVhF7rjshkclH3NJaQL4emFA$
1. I request the AG's Advice on consistency of Bil s with the NZ Bil of Rights Act
with this fluoridation act?
Specifically I am after the AG advice for section 11, the right to refuse medical
treatment which is in BoRA
(https://urldefense.com/v3/__https://legislation.govt.nz/act/public/1990/0109/latest/DL
M225509.html__;!!Asq58xVch3Reg!qnYDBLjh7uiHUS0RpQI0c1jma2LLYcpvzUOrVX
O2msKmLsQ52Cv3oLm1M294WVtk_gmU1JUBzzQ9JlzRGa6847cVhF7rjshkclH3NJ
YerEbMBg$ )
2. the advice on how the Health Act 1956 been considered in the fluoridation Act
(and the prior fluoridation bil s), specifically section 92I of the Health Act which
says:
" (5) In no case may a direction require an individual to submit to compulsory
treatment."
The Ministry is responding to part one of your request. The information you have requested
is publicly available
here, therefore this part of your request is refused under section 18(d) of
the Act. The advice was written in 2016 because this is when the Bil was introduced, even
though it was not signed into law until 2021. More information on the Bil ’s legislative history
can be found here:
Health (Fluoridation of Drinking Water) Amendment Bil .
Please note that this response, with your personal details removed, may be published on the
Ministry website at:
Of icial Information Act responses | New Zealand Ministry of Justice.
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28 of the Act. The Office of the Ombudsman may be contacted
by phone on: 0800 802 602, by email at: [email address], or via the
webform:
Make a complaint (for members of the public) | Ombudsman New Zealand.
Nāku noa, nā
Kathy Brightwell
General Manager, Civil and Constitutional Policy
