Extension for fluoridation
Nelson has been given an extra eight months to fluoridate its water due to the legal uncertainty over the order.
In July 2022, then director-general of health Sir Ashley Bloomfield directed 14 councils to fluoridate some or all of their drinking water supplies. Nelson was on that list, and was given until April 30, 2024 to comply with the order.
The directives were made under a new law that put fluoridation decisions in the hands of the director-general of health, rather than local authorities.
But, in November 2023, Bloomfield’s orders were deemed unlawful by the High Court due to specific consideration not being given to the Bill of Rights Act in making the directives.
Now, with the deadline for Nelson looming, mayor Nick Smith told a council meeting yesterday that he had written to the Minister of Health Shane Reti to seek clarification on the next steps.
The council had been told in November that the directives still stood and the Ministry of Health was considering the “implications of the judgments”, he wrote in his Mayor’s Report to the council.
“My concern is that, as the largest council facing the requirement to fluoridate since the High Court’s decision, we risk getting caught in a legal dispute between the director-general of health and opponents of fluoridation.
“We do not want to get offside with Ministry of Health or incur any fines for non-compliance with the directive. Nor do we wish to incur legal costs by being challenged by opponents of fluoridation for proceeding when the process by which the directive was issued has been found to have an error of law.”
In response, the director-general of health, Dr Diana Sarfati, granted an extension until December 31, 2024 while the 14 directives were reviewed.
In his report, Smith said he supported the extension. “I am quite satisfied about the safety of fluoridating water supplies and the significant oral health benefits, particularly for children. The reason I support the delay ... is respect for legal process and decisions of the courts.”
At the meeting, Trudie Brand asked what would happen if the directive was overturned, while Kahu Paki Paki asked about the funding for the work to introduce fluoride to the water supply.
Smith said any decisions around the directives being overturned and the deadline was up to Sarfati. “I’m assuming she has confidence she can resolve the issues by then.”
Any costs would be claimed back from the Government, he said.
The “worst case scenario” was the council proceeding before the legal questions were answered and then getting dragged into a costly court proceedings, he said.
Opponents to fluoridation question the science behind adding it to water, and object to forced medication.
The most recent New Zealand Oral Health Survey (2009) found that children and adolescents had 40% less tooth decay in areas with fluoridated water.
In the US, the Centres for Disease Control and Prevention found fluoridated water reduced tooth decay by about 25%, and labelled fluoridated water one of the 10 great public health achievements of the 20th century.
Tāhunanui sawdust contamination
At yesterday’s meeting, councillors also voted in favour of a $5.8 million plan to tackle the contaminated sawdust pile at Tāhunanui’s Back Beach.
But while the council members voted 12 votes to one in favour of removing the contaminated sawdust and sand and taking it to landfill, they also agreed to try and retain more car parks at the popular dog walking and wind sports site.
The original motion would have reduced the car park size from 20 to about 10 to 15.
The meeting will continue today.