Hamilton Council must implement the referendum result

The Herald reports:

Hamilton council faces legal action if it decides to reinstate fluoride to the city’s water supply today.

It is expected Hamilton City Council will follow a referendum which showed residents want reinstatement, despite half of the councillors voting fluoride out of the water last year.

Today’s vote was deferred until the council knew the outcome of legal action by the New Health group against South Taranaki District Council for adding fluoride to drinking water in Waverley and Patea.

New Health argued that adding fluoride breached people’s right under the Bill of Rights Act to refuse medical treatment.

Earlier this month, High Court judge Rodney Hansen ruled South Taranaki had the legal power to fluoridate the water, but yesterday, New Health filed a notice of appeal in the Court of Appeal against the decision.

Now, Safe Water Alternative New Zealand (Swanz) has put Hamilton City Council on notice of a judicial review if it decides in favour of fluoridating tap water again.

Fine. They’ve lost once in court, and they’ll lose again.

The warning comes as the 13-strong council decides on the results of the non-binding referendum, in which 66 per cent of the 37,276 voters supported fluoridation.

Swanz co-ordinator Trevor Crosbie said the council was obligated under the Local Government Act to consult the public on the significant issue before making a decision.

They have. It’s called a referendum.