Fluoridegate Legal Action NZ

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Notices Issued

Notice was served on the Attorney-General and Solicitor-General on 21 October 2011. This Notice advised of potential legal action should any Crown employees or agents make false and misleading statements regarding Dr Elise Bassin's osteosarcoma study, or that fluoridation is proven safe.
See the Notice served on the Attorney-General.

All Territorial Authorities fluoridating their water were served with Notice on Tuesday 8 November 2011 that they have a year and a day to cease or suspend fluoridation, or potentially face law suits.
See the Notice and letter served on Councils

We have already begun advertising for class action litigants, specifically those with a chemical intolerance to fluoride.

NFIS email regarding our Notice to Councils

The NFIS has issued the following response, at the behest of the Ministry of Health:

"The Ministry of Health has received several inquires about Fluoridegate legal Action and has asked NFIS to share the below comment.

"The Ministry is prepared to offer the following guidance to officials who may have received correspondence recently from GM Atkin regarding the fluoridation of community water supplies.

Guidance from the Ministry on Correspondence from G M Atkin

The Ministry of Health is aware that territorial authorities may have received correspondence from Mr G M Atkin concerning fluoridation. This correspondence includes a document entitled "Notice on Chief Executive to cease or suspend fluoridation of public water supplies under penalty of legal liability". The correspondence also includes threats of legal action against territorial authorities and their officers.

We are conscious that this correspondence has caused concern among some councillors and staff and would take this opportunity to advise that the Ministry's view is that this document has no legal standing and does not, at law, require a response.

Authorities may wish to seek their own legal advice on any specific concerns they have about correspondence they have received."

Phil Knipe
Chief Legal Advisor"

Our response

Whilst unsurprising, this communication rather misses the point, and seems to be nothing more than evidence of panic. It cerainly provides no useful information. If we had intended the Notice to have legal effect in itself we would have formatted it appropriately.

But as the covering letter made clear, we merely sought to give Territorial Authorities a window of opportunity to avoid action at law (which is wider than "legal action"; a point that Mr Knipe seems to have missed).

We are preparing a full response to NFIS' communication. We will publish this once sent.

Media Article

Dunedin council stands firm on fluoride issue

The Dunedin Star
James Boucher

Thursday Nov 24, 2011

Dunedin City Council (DCC) has no intention to alter its stance on the fluoridation of the city's water supply, despite being served "formal notice" of legal action from a national anti-fluoridation organisation, the DCC says.

Fluoridegate Legal Action NZ founder Mark Atkin said formal notice was issued on November 7 to "all of the minority of councils in New Zealand still fluoridating their water" that if they continued to do so they would face legal action.

Mr Atkin, who has a law degree from Victoria University, said causes of action against local councils would include breach of duty of care, breach of fiduciary duty, breach of statutory duty and criminal nuisance.

"I have been involved in this for over 30 years and most intensively for the last 11 years," Mr Atkin said.

"I am sick of the arrogant ignorance of the majority of councillors who, when faced with the published scientific evidence that fluoridation is harming our people as well as being ineffective, ignore this and pay blind obeisance to the lies and propaganda of promoters of this crime against humanity.

DCC city environment general manager Tony Avery said the DCC had received the formal notice from Fluoridegate Legal Action NZ, but had no intention of responding to the letter.

Mr Avery said the council's policy on the fluoridation of the city's water supply was as "had been expressed numerous times before", and the council had taken the advice of the Ministry of Health in the matter.

The DCC decided in 2008 to consult residents through the Long Term Council Community Plan (LTCCP) process on the policy of supplying fluoridated water to the city and that only areas receiving water from the Mt Grand and Southern water treatment plants, whether intermittently or permanently, would receive fluoridated water in the interim, while areas receiving water from council schemes other than Mt Grand or Southern water treatment plants, would continue to receive non-fluoridated water.

Mr Avery said the Ministry of Health had recently established the National Fluoride Information Service (NFIS) to review literature and provide advice to the Government and water supply authorities.