Fluoride-free water tap

The WDC has approved the installation of two fluoride-free water taps for public use, one at Maungatapere and one at Maungakaramea. The installation cost would be around $10,000. These locations were among a number of options put to councillors in an expert report commissioned by the council.

While the cost is not significant, the question is:  Why? Will fluoride-free water seekers drive to Maungatapere or Maungakaramea to fill up their water bottles, when they could “harvest” fluoride-free rainwater from their roof?

Fluoride fight costs

The WDC spent $156,788 (excluding staff time) on the challenge to the Ministry of Health's order to fluoridate the town water supply. The details are: $18,200 to survey 500 residents, legal costs of $132,738 and $5,850 for an expert report about the options to install a fluoride-free tap.

The annual operating cost of the fluoridation is estimated at $100,000. 

WDC loses fluoride battle

 

A legal challenge by the Whangarei District Council (WDC) to prevent fluoride being added to the town water supply has failed. The Council had sought an injunction from the High Court to delay the implementation of a directive from the Director-General of Health

In a decision released on the 24^th of March, Justice Karen Grau found the WDC’s conduct to defy the directive was unlawful. She noted that the council's evidence, including expert testimony on potential health risks, did not demonstrate immediate risks sufficient to justify interim orders, especially given that over half of New Zealand has had fluoridated water for decades without evident widespread harm.

Justice Grau said it was unlikely the council would succeed in its broader challenge against the directive’s safety and legality.

As a result of the failed injunction, the council commenced fluoridation of the town supply on 24 March. It is still considering whether to continue with its legal challenge.

Further information

RNZ article: Whangārei District Council bows to government directive to add fluoride to water supply Here >>>

Northern Advocate:  Whangārei to fluoridate water after court dismisses district council’s challenge   Here >>>

Fluoride or jail time?

 

A motion put by the WDC’s Chief Executive to revoke earlier decisions by councillors to ignore a directive by the Director General of Health that requires the Council to fluoridate its water supply has been voted down by councillors. At a meeting held on the 12^th of February, Mayor Cocurullo used his casting vote to break a 7-7   deadlock.

The extraordinary meeting was called after the Council received a letter from the Director General of Health on the 30^th 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!

WDC told to fluoridate or face fines

The Ministry of Health is adamant the Whangarei District Council (WDC) has to fluoridate its water supply by the 28^th of March 2025. In a letter dated 6 December 2024, the Ministry informed the council,

“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”.

WDC U-TURN ON FLUORIDE

Last week the Whangarei District Council (WDC) voted 7-6 against adding fluoride to its water supply, despite a directive from the Ministry of Health to do so. By defying the order, the Council may face a fine of $200,000 and an additional $10,000 a day if it fails to fluoridate its water supply by the end of February 2025. The WDC is the first council to defy the directive.

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.

FLUORIDATION - UPDATE

Two High Court cases have served to clarify the rights and responsibilities of the Crown and local councils on water fluoridation. The first was in September last year when the 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.

The second case in May 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.

In other words, given the directive, the responsibility to abide by the Bill of Rights rests with the Ministry of Health, not a local council.

FLUORIDATION - UPDATE

At the 27 June meeting the WDC confirmed that fluoridation of the Whau Valley, Ruddells, Ruakaka and Ahuroa water treatment plants would be added to these water supplies from the last week in February 2025. This is despite vocal opposition from the public and despite an earlier referendum on the issue rejecting fluoridation.

Fluoridation Debacle

 

The Whangarei District Council (WDC) has got itself into a right mess, not entirely of its own making. The former Labour government removed the right given to local communities to decide whether to fluoridate their water supply and gave it to the Ministry of Health. 

On the 27th of July 2022, the Director-General of Health (Ashley Bloomfield) directed fourteen local authorities to fluoridate their water supply, including the WDC.