The fox, the chicken and the grain – the Supreme Court decision in New Health

A boatman searches for a ratio

Please read the following fact scenario and then answer the question.

Fact scenario

A law student has to get the members of the Supreme Court who decided New Health New Zealand Incorporated v South Taranaki District Council [2018] NZSC 59 from one side of a river to another.

The law student can take across up to two members of the Court at a time in her rowboat.

Chief Justice Elias can’t be left alone with any other member because there is no statutory authority to do so.

Justice Glazebrook might or might not be able to be left with any other member of the Court because just like her answer to the substantive question “it depends”.

Justices O’Regan and Ellen France must always stay together but doing so is a justified limit on their freedom.

Justice William Young will do what he’s told and take his medicine (but he wants to make clear that he doesn’t think this is medicine).

Minority justices can never be in a majority on either side of the river.



May the river water be fluoridated?



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