Council pushes ahead with fluoridation plans
Going ahead despite High Court ruling that a national directive was unlawful
Western Bay of Plenty District Council will push ahead with fluoridation plans despite a High Court ruling that a national directive was unlawful.
The preliminary High Court decision said then-director general of health Sir Ashley Bloomfield’s July 2022 fluoridation directive to Western Bay and 13 other councils failed to consider the Bill of Rights Act.
Mayor James Denyer said the judgment had not quashed the directive.
Plans for the required infrastructure for fluoridation were still in place.
“[The] council is maintaining a watching brief on legal developments.”
The council failed to get an exemption from the directive to fluoridate two of its eight water supplies, none of which are fluoridated.
The ministry issued a directive to fluoridate the Athenree and Wharawhara water supplies by July 31, 2025.
The supplies cover Waih¯ı Beach, Athenree, Tanners Point, Katikati and the reticulated rural area through to Morton Rd.
At the time, director general of health Dr Diana Sarfati said she was not able to grant an exemption.
“It would be inappropriate to revoke or amend the direction to fluoridate provided to Western Bay of Plenty District Council.
“Given the established evidence on the efficacy and safety of community water fluoridation, I consider the fluoridation of Athenree and Wharawhara to be an important initiative to improve the oral health of your communities,” her letter read.
The council sought the exemption after public consultation from its annual plan showed the community had concerns about fluoridation.
Fluoride Free NZ members and supporters spoke in public forums at council meetings and community boards, urging the council to seek an injunction from the directive.
Give people the choice to take it [fluoride], don’t put it in our water. Councillor Anne Henry
Councillor Anne Henry said she was happy with the High Court ruling.
“Give people the choice to take it [fluoride], don’t put it in our water.”
Henry said people had the option of taking fluoride tablets or using fluoride toothpaste.
Councillor Don Thwaites voted against seeking an exemption but
said he was not strongly for or against fluoridation, and he supported staff to do what the law required.
“This recent judgment wasn’t about the health merits of fluoridation. It was more of a procedural thing.”
Council water services director EJ Wentzel confirmed the judgment has not quashed the direction to fluoridate.
“So we will continue to proceed unless instructed otherwise by the Ministry of Health.
“If we stop planning now, it will be difficult to meet the prescribed timelines.”
The cost of introducing fluoride to the Athenree supply would be $923,962, with the ongoing management and monitoring estimated to be $55,148 a year.
For the Wharawhara supply, the set-up cost would be $938,587, with ongoing costs estimated at $55,193 each year.
The ministry would fund the cost of setting up the fluoridation infrastructure but not the ongoing costs.
The council faced fines if it did not comply.
Non-compliance could result in a fine up to $200,000 and, if the non-compliance is ongoing, a fine of $10,000 a day could be incurred.
A Ministry of Health spokesperson said the High Court decision relates to the process required to be used in deciding to issue a direction.
“The judgment is not about the public health merits of fluoridation, or whether fluoridation can be justified under the New Zealand Bill of Rights Act 1990.
“The court has not quashed the directions, and at this time the directions remain in force.”