The council resolution was:
“to
not add fluoride to the Whangarei District’s water supplies as required by the
directive from the Ministry of Health (MOH)…This decision is based on recent
court rulings and research that question the effectiveness, safety and legality
of fluoridation…”
Those who voted for the motion
were: Mayor Corcurullo, and Crs Benney, Golightly, Halse, Olsen, Reid, and Ruka
(7).
Against were: Crs Connop, Couper, Holmes, McKenzie, Peters, and Yovich (6). Cr Harding abstained.
The decision is a major victory
for anti-fluoride campaigners. In September last year, the High Court found the
Director General of Health had breached the Bill of Rights Act by failing to
consider whether the directions given to local authorities to fluoridate their
water supply breached the rights of an individual to refuse medical treatment.
However, in May a second case in the High Court dismissed a claim that councils
who followed the directive to fluoridate were in breach of the Bill of Rights.
The Court said councils had to follow the directive.
Extracts from the Council agenda
highlight the key facts. In 2021 the government passed legislation transferring
the control of water fluoridation from local authorities to the
Director-General of Health. The Bill had the unanimous support of Parliament.
In October 2023 the WDC awarded a
contract to install fluoridation equipment at a cost of $4.55 million (plus
GST). That cost was to be reimbursed by the Ministry of Health. (The Ministry
has paid half to date.) The WDC would pay for the operating costs which are
expected to be about $100k a year.
The council’s legal advice is
that they have no legal grounds to not comply with the Ministry of Health
directive. It goes on to say opposing the law may breach the Oath of Office and
the council’s Code of Conduct. The legal opinion says the result could be direct
intervention by the Minister of Local Government, and personal liability of the
councillors.
The opinion concludes by saying, “The
decision whether or not to fluoridate is not a power or function of local
government.”
In essence, a majority of
councillors have given central government the single-finger salute. That
becomes more interesting when the local MP is also the Minister of Health. Dr
Shane Reti is understood to be in favour of compulsory fluoridation.
It will be fascinating to see
what transpires. How tough will central government get? They are likely to withhold
payment of the remaining $2.25 million to cover the capital cost of the fluoridation
plant, but it could also demand repayment of the $2.25 million it has already
paid to the WDC. Or will the Minister of Local Government order the council to
comply and appoint a commissioner if it doesn’t?
Questions are being asked why the motion to not comply with the directive was not put in October 2023 when the council approved the capital works contract.
A highlight of last week's meeting was a comment by Cr Patrick Holmes (elected to speak on behalf of residents in Whangarei Heads). When speaking against the motion he
The absurdity of the comment was not missed by the crowd, who responded with laughter - not funny ha ha laughter but "you must be joking you absolute tosser" type of laughter.
Cr Holmes gets the Prize Plonker award.
Further information
Northern Advocate article: HERE >>>
WDC agenda (starts page 27): HERE >>>
