A majority of the Supreme Court has upheld the South Taranaki District Council's right to fluoridate water supplies in Patea and Waverley.
The council has been in a long-running legal battle with a group of anti-fluoridation campaigners, New Health New Zealand.
Earlier the Court of Appeal and High Court threw out legal challenges by the group, rejecting its suggestion that fluoridation of the water breached the right to refuse medical treatment.
The council previously told the Supreme Court it has a duty to fluoridate as residents in the area have poor oral hygiene and high levels of tooth decay.
It said health legislation places a duty on local authorities to improve and promote health in their areas.
New Health's lawyer, Mary Scholtens QC, told the Supreme Court the jury was still out on whether the substances used to fluoridate drinking water were safe and effective.
Ms Scholtens said the Bill of Rights guaranteed a right not to undergo medical treatment and the group she represented believed fluoride qualifies as a medical treatment.
In today's decision, the court ruled the council can fluoridate its water as it has a duty under the Health Act to protect and improve public health.
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