The extraordinary meeting was
called after the Council received a letter from the Director General of Health
on the 30th of January. That letter restated their position that it
was an offence under the Health Act for a local authority to contravene a
Ministry of Health direction.
A staff report prepared for the meeting said the council had received legal advice that councillors may be held personally liable for any losses incurred as a result of their “unlawful” action or imprisonment!
It went on to say there was also a
potential liability for staff for failing to carry out the Health Department directive
but added, “However, it is a defence to such a charge if the staff member took
all practicable steps to prevent the commission of the offence.”
By bringing the motion to a full
council meeting, it appears the Chief Executive was doing exactly that to cover
his butt against personal liability.
The prospect of councillors doing
jail time for not fluoridating water is absurd. A more realistic outcome is
that the Ministry of Health would revoke its commitment to fund the capital
cost of the $4.6 million project and require the council to refund the $2.3
million it has already paid to the council.
A further action could be for the
Minister of Local Government to replace the council with a commissioner, but it
is more likely that it will delay things and see what the new council decides
following the October elections.
Meanwhile, the WDC has found an
ally in New Zealand First, who has introduced a Member's Bill that would repeal
the Health (Fluoridation of Drinking Water) Amendment Act 2021. That was the
legislation introduced by the Ardern government, which gave the Director
General of Health the authority to mandate the fluoridation of local water
supplies. NZ First would introduce new legislation requiring local councils to
hold a binding referendum on water fluoridation.
NZ First leader Winston Peters
said, "Important public health measures such as this should be decided
with transparency, debate, and local voices, not by overreaching
Wellington-based bureaucrats".
However, the new Health Minister,
Simeon Brown, has rejected that proposal and made it clear that he is not about
to change the policy. That places the WDC on a direct collision course with the
Minister and the Ministry of Health directive.
Finance Minister Nicola Willis weighed
in on the discussion by saying the science showed fluoride in water protected kids
teeth: "I want my kids teeth being in good nic, and I want that for
every New Zealand child."
The Council has until the 28th
of March to comply with the directive to fluoridate or else. What that “else”
is remains to be seen.
HOW THEY VOTED
Those voting in favour of
challenging the directive of the Director General to fluoridate the town supply
were: Mayor Cocurullo, Crs Benney, Golightly, Halse, Olsen, Reid, and Ruka.
Those against challenging the
directive to fluoridate were Crs Connop, Couper, Harding, Holmes, McKenzie,
Peters, and Yovich.
TRUST THE EXPERTS?
“I am a strong believer in
science and a science-based approach, not in some pseudo-weird and whacky pseudo-science
put forward by conspiracy theorists.” - Cr Patrick Holmes (Whangarei Heads
ward), referring to the public gallery during the fluoride debate.