133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
12 November 2025
Erika Whittome
By email: [FYI request #32437 email]
Ref:
H2025074187
Tēnā koe Erika
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) which was
transferred to the Ministry of Health – Manatū Hauora (the Ministry) from the Attorney-General's
office on 16 October 2025. You requested:
“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."”
Fluoridation directions are issued under Part 5A of the Health Act 1956 (as amended by the
Health (Fluoridation of Drinking Water) Amendment Act 2021). Section 92I is contained in Part
3A of the Health Act 1956, which pertains to giving directions to individuals to manage infectious
diseases and does not apply to fluoridation directions.
Consideration of the Health Act is a standard part of health-related policy and legislative
processes to ensure that any new legislation or registrations align with existing legal
frameworks. There are no specific documents or official advice that address this matter beyond
the standard internal policy and legal processes undertaken as part of the legislation
development. As such any specific advice you are seeking in your request is 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.
Cabinet papers relating to the Amendment Act (and preceding Bill) are publicly available on the
Ministry's website here:
www.health.govt.nz/information-releases/cabinet-material-community-
water-fluoridation-policy-decisions
Consideration of compliance with the New Zealand Bil of Rights Act 1990 (BoRA), including
section 11 - right to refuse to undergo medical treatment, has been considered by both
Parliament and the New Zealand Courts. You may also be interested in the following link from
the Ministry of Justice regarding BoRA vetting at:
www.justice.govt.nz/assets/Documents/Publications/Health-Fluoridation-of-Drinking-Water-
Amendment-Bill-BORA-vet.pdf This shows the formal mechanism through which such
considerations occur rather than through separate pieces of advice.
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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