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Whangārei’s rebellion against fluoridation has been met by a warning from the country’s health lead, saying it has the means to fluoridate drinking water.
Director-General of Health Dr Diana Sarfati wrote in a letter to Whangārei Mayor Vince Cocurullo and Whangārei District Council chief executive Simon Weston that contraveningthe direction to fluoridate was an offence under the Health Act 1956.
Sarfati said the Minister of Health could seek a rare High Court writ of mandamus - a type of court order - overriding WDC’s refusal and forcing it to flick the switch for fluoridating its drinking water.
If enacted, it will likely be a New Zealand first.
The writ enables the Director-General to turn on the fluoridation switch herself or order council staff or contractors to do so.
“The act also provides that in circumstances where a local authority is in default of its legal obligations, the Director-General of Health may perform those obligations,” she said.
WDC is the only council among 14 refusing to fluoridate its drinking water after the Government’s August 2022 directive.
“I reiterate that I expect the council to comply with its direction by the required date, which is March 28, 2025, and I do not consider there is a basis for an extension,” Sarfati said.
She said the Minister of Health could apply to the High Court for a writ of mandamus to compel WDC to perform any duty it had failed to perform under the act.
A short-notice extraordinary WDC meeting on Wednesday will revisit the council’s November 28 fluoridation decision in the wake of Sarfati’s letter.
She has requested a letter from WDC before 5pm on Friday to confirm whether the council intends to comply with the fluoridation direction for Whangārei and Bream Bay by the deadline.
Cocurullo, deputy mayor Phil Halse and councillors Benney, Jayne Golightly, Marie Olsen, Simon Reid and Phoenix Ruka pushed for the injunction last December.
Councillors Nick Connop, Ken Couper, Deb Harding, Patrick Holmes, Scott McKenzie, Carol Peters and Paul Yovich were against.
Cocurullo, who used his casting vote in favour of seeking a deadline extension and injunction, would not comment on Sarfati’s representations in the wake of her letter.
Whangārei Mayor Vince Cocurullo. Photo / Susan Botting
Neither would he say whether the council should continue with its fluoridation ban or change tack.
He said the council was being responsible in its decision not to fluoridate because of claimed health concerns, which it had to take into account under legislation such as the Local Government Act.
Cocurullo said ordering the council to fluoridate meant removing the community’s right to have a say in the important fluoridation decision.
Weston said councillors risked personal liability for financial penalties resulting from failing to carry out the fluoridation direction. This risk also applied to staff.
Sarfati’s letter threatened heavy non-compliance penalties under the Health Act.
“The Act provides for potentially heavy penalties upon any conviction by a court. The Ministry [of Health] will consider whether prosecutions should be commenced on a case-by-case basis in accordance with the Solicitor-General’s prosecution guidelines.”
WDC ratepayers face the prospect of paying significantly towards the $4.857 million in extra costs as a result of the council’s current position.
The cost is from having to pay back or miss out on $4.557 million the Government will put towards necessary fluoridation equipment for the district’s five water treatment plants including at Whau Valley; a potential fine of up to $200,000 for not complying with the directive (with an added $10,000 a day for every day or part-day WDC doesn’t comply), at least $100,000 should the council seek an injunction (with other costs on top of that likely including paying for the Ministry of Health court costs if the application is lost).
Northland law firm director Jeremy Brown has been appointed by the council working party to seek an injunction.
Weston believed the court was likely to treat an application for an interim injunction with scepticism, given the council had already received Government funding for fluoridation infrastructure.
Sarfati said there was no legal uncertainty about the Government’s August 2022 fluoridation directions.
■ LDR is local body journalism co-funded by RNZ and NZ On Air.
