For immediate release

22 November 2023  

Kawerau Water Supply Fluoridation Update

On 22 July 2022, Kawerau District Council received a directive from the Director General of Health, Dr Ashley Bloomfield, to fluoridate the drinking water of the Kawerau District.

The Director General of Health has under section 116E of the Health Act of 1956, the authority to do so, and failure to comply with the directive is an offence under section 116J.

Kawerau District Council therefore started work last year to install the required infrastructure to fluoridate the water supply. Hence, there were no public consultation regarding water fluoridation.

Currently, it is expected that all works and commissioning will be completed by 27 June 2024 and the Kawerau water supply will be fluoridated from 1 July 2024.

The directive to fluoridate the water supply was challenged in court by New Health New Zealand Incorporated.

On 10 November 2023, the High Court issued its judgment on the preliminary issue, finding that the Director-General of Health made an error of law by not explicitly considering the rights under the New Zealand Bill of Rights Act 1990 in a making a decision to issue a direction. The Ministry of Health is considering the implication of the judgement.

Kawerau District is obtaining legal advice on the judgement in collaboration with Local Government New Zealand.

It is important to note that the judgement did not set the fluoridation directive aside, and that the directive remains in force. The judgement addresses the process required to be used when deciding to issue a directive.

Kawerau District Council is therefore still legally required to continue to install and commission the required infrastructure and start fluoridating the water supply.

Ends./

For more information, please contact Tania Humberstone on 0274643785.