Whangārei District Council has today stepped up its fight against fluoridating its drinking water with the threat of a High Court injunction.

This move strengthens its position as the only council in New Zealand to strongly resist a 2022 Director-General of Health order to fluoridate its drinking water.

Councillor Gavin Benney said today his council wanted Director-General of Health Dr Diana Sarfati to extend WDC’s March 28 fluoridation deadline.

But, if that did not happen urgently, the council would instead be applying for an interim injunction to pause the directive. It would also formally push for the Governor General to instead pause the directive, without the need for the injunction.

Whangārei Mayor Vince Cocurullo today used his casting vote to break a 7:7 deadlock after an intense two hour-plus debate in front of a packed public gallery of anti-fluoride campaigners.

Benney said the council wanted the extension until the outcome of next year’s Court of Appeal Ministry of Health challenge over the High Court’s late 2023 ruling the process used in the directive by then Director-General of Health Sir Ashley Bloomfield to direct 14 councils to fluoridate was unlawful. This was because it hadn’t considered New Zealand’s Bill of Rights Act.

Sarfati said the Ministry of Health was aware of WDC's calls. The ministry would respond once it received formal correspondence from the council.

She said in response to today’s meeting, the direction to WDC under the Health Act 1956 continued to create "a mandatory legal obligation on the council to fluoridate the supplies to the required level".

WDC’s fluoridation fight could end up with ratepayers footing the bill for up to $200,000 in fines, if the council does not meet its March deadline – as well as up to $10,000 for every day it does not comply.

Sarfati would not comment on whether the potential fines would be imposed if WDC did not fluoridate as directed.

Mayor Cocurullo said today’s council moves were not at this stage risking these fines and therefore ratepayers potentially having to foot the bill. That would not potentially be the case until mid-February when month-long trials that were necessary ahead of starting up Whau Valley, Bream Bay and Maunu water plants’ fluoridation on March 28 had to begin.

Sarfati said the ongoing appeal to the Court of Appeal did not concern or affect the validity of the 2022 directions.

She said the 2022 directive to 14 councils to fluoridate had been upheld as valid by the High Court on two occasions this year.

Sarfati said she had completed a Bill of Rights Act analysis on the fluoridation directive as required by the High Court.

The analysis found the benefits gained from the public health action of fluoridating community water supplies were sufficient to justify curtailing the right to refuse medical treatment under the Act.

Fluoridating Whangārei and Bream Bay community water supplies would provide oral health benefits to the population that were in due proportion to the action’s limit under the Bill of Rights, the analysis report said.

Cocurullo, Deputy Mayor Phil Halse and councillors Benney, Jayne Golightly, Marie Olsen, Simon Reid and Phoenix Ruka pushed for the injunction. Meanwhile, Nick Connop, Ken Couper, Deb Harding, Patrick Holmes, Scott McKenzie, Carol Peters and Paul Yovich were against.

WDC is one of 14 councils around New Zealand in 2022 ordered to fluoridate their water. These councils are now at varying stages in the final run towards starting this in their local supplies – with a number baulking about doing so.

Cocurullo said it was up to each council to make its decisions but those among the 14 that wanted to follow WDC’s lead were welcome to do so.

The 14 also include Far North, Hastings, Horowhenua, Kawerau, New Plymouth, Rotorua Lakes, Tararua, Waitaki, Waipa and Western Bay of Plenty district councils as well as Auckland Council, plus Nelson and Tauranga City Councils.

Far North District Council has just gained an extension on its Kaitāia and Kerikeri water fluoridation directive until 2026.

Meanwhile, WDC chief executive Simon Weston warned the council’s position on the fluoridation directive risked compromising Northland’s major new multibillion-dollar regional deal.

This deal was part of moves similarly around New Zealand where regions’ councils were putting together regional deals for important local infrastructure which would then be worked on with the Government, with funding.

WDC was part of Northland’s inter-council moves including for developing multibillion-dollar infrastructure including four-laning, naval dry dock and Marsden Point port expansion.

Weston said the Department of Internal Affairs had highlighted the council’s November 28 decision not to fluoridate "may be inconsistent with the regional deals strategic framework".

WDC also wanted Sarfati to visit Whangārei.

Cocurullo said she had turned down this invitation already but WDC still wanted her to do so, towards resolving the fluoridation issue.

The fluoride used in WDC drinking water would be produced while making fertiliser in a Tauranga production plant.

LDR is local body journalism co-funded by RNZ and NZ On Air