“As advised in previous
correspondence, it is an offence under section 116J of the Health Act 1956 for
a local authority to contravene or permit the contravention of a direction. The
penalty for such a contravention upon conviction is a fine of up to $200,000
and a further fine not exceeding $10,000 for every day or part of a day during
which the offence continues. I expect councils to comply with their directions.
The Ministry will consider whether to take enforcement action where there is
evidence of non-compliance with directions by a council, particularly where
there is deliberate or continuing non-compliance. In addition to the other
options set out in the legal advice provided to the Council by the Council’s
legal advisor, the Ministry will also consider whether to seek contractual
remedies in light of the significant funding support provided to the Council to
enable fluoridation…I strongly encourage elected members to heed the advice
provided to them by their officials regarding the risks of the proposed course
of action. “
The WDC has responded by saying
it would be taking legal steps to “pause the directive”.