Whangārei District Mayor Vince Cocurullo used his casting vote to break the tie. File picture. Photo: RNZ / Peter de Graaf
Whangārei District Council has again refused to put fluoride into the district's water supply, despite the government saying they have to.
At a heated meeting on Wednesday, councillors clashed over its split decision to continue ignoring the director-general of health (DGOH) directive issued to them and 14 other councils with the worst oral health outcomes in the country.
Councillors voted 7-7 to seek 'urgent interim relief' to delay its preparations for full fluoridation of the public water system by the approaching March deadline.
This was supported by Mayor Vince Cocurullo and councillors Gavin Benney, Jayne Golightly, Phil Halse, Marie Olsen, Simon Reid, and Phoenix Ruka.
Councillors Nicholas Connop, Ken Couper, Deborah Harding, Patrick Holmes, Scott McKenzie, Carol Peters, and Paul Yovich, voted to accept the DGOH mandate.
The mayor used his casting vote to break the tie.
The controversial decision saw cheers from a full public gallery of rowdy anti-fluoride protesters, who were holding up signs including "Pro-Choice".
In a statement, chief executive Simon Weston said the council had resolved to apply for a judicial review of the directive to fluoridate and would seek a court hearing on the safety of fluoride.
Weston told councillors at Wednesday's meeting a court case could cost the council upwards of $200,000.
He said this figure was an estimate by their lawyers for a five-day trial, but the total cost could be more or less depending on the length of the hearing, and what experts were brought in.
He said this estimate did not include costs that could be put on the council as a result of not complying with the directive.
In a letter on 30 January, Director-General of Health Dr Diana Safarti gave a final warning to the council that it must comply with its "legal duty" to fluoridate Bream Bay and Whangārei water supplies by 28 March 2025 or face possible penalties or prosecution.
The letter advised that local authorities prosecuted for contravening or permitting the contravention of a directive could face fines of up to $200,000 with a further $10,000 per day of non-compliance.
Dr Safarti rejected the council's previous request for an extension on their deadline to fluoridate.
In addition to this, the council was advised that already installed fluoride equipment funded by the government costing almost $5 million may have to be paid back.
Half of this cost had already been paid to the council and the remaining half would also be funded when the council undertook fluoridation.
Weston said the council would have to consider rate increases, stopping public works, or charging for water to make up the costs.
He directed people to the council's website which had Ministry of Health information on the purpose and safety of fluoride.
Councillor Ken Couper said the council's decision unnecessarily put Whangārei ratepayers at risk.
"The fines are bad enough and having to find unbudgeted money for court cases is bad enough. But the reputational cost to our council and district is enormous when you start playing fast and loose with the law."
He said it was not the council's role to "fight" with the central government or challenge the perceived safety of fluoride.
"If people have a problem with fluoride they need to go to central government because they are the ones who mandated us to put it in the water."
He said he had been advised councillors like him who voted to accept the directive would not be held personally liable, but that other councillors and staff may be.
Councillor Gavin Benney conceded that the costs of a court case would fall on ratepayers.
But he said he was absolutely confident they would not have to pay any fines.
"It is all hypothetical scare-mongering.
"Council has not breached any law at this point in time. Whether we do or not at a later date remains to be seen."
Councillors being "threatened" with personal liability or prosecution was over the top, he said.
"I believe this is a battle that will be won, we have no intention of putting the council or ratepayers at risk.
"I believe there is no chance of any councillors being fined personally or of council being fined."
Benney said he and other councillors would continue to challenge the DGOH on the safety of fluoride.
Dental Association president and Whangārei practitioner Amanda Johnston said she suspected more people in the community wanted fluoride in the water than not.
"In my own practice, I get five times as many patients thanking me for advocating on their behalf to get fluoride into that water.
"There's a very vocal minority in our community who have been quite aggressive in pushing their message across. They are very loud and difficult to ignore and the scare tactics they use can be quite threatening."
The council's attitude was negatively impacting the community, she said.
"The amount of oral disease that comes into my practice is endless.
"As a ratepayer, I think it's disappointing it's going to be very expensive for our council not only with legal costs but there will be fines for not following the DGOH mandate."
She said the community needed all the help it could get to prevent tooth decay, which she said was affecting all age groups.
"The amount of fluoride added to the water is entirely safe and very long tested as being effective in preventing tooth decay."
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