The Mandatory Fluoridation Bill
Legislation was introduced to Parliament on the 17th November 2016 to remove control and decision making from local councils to a centralised entity and passed into law on the 16th November 2021.
Legal action has been taken against the Director General of Health. READ MORE
Councils Sent Directives:
Council | Supplies to fluoridate | Date to start |
Auckland Council. | Onehunga | 30 June 2024 |
Auckland Council. | Waiuku | 30 June 2026 |
Far North District | Kerikeri and Kaitaia | 30 June 2024 |
Hastings District Council | Hastings Urban | 30 June 2023 (estimated to start Oct 2023) |
Horowhenua District Council | Levin | 30 July 2023 (estimated to start July 2024) |
Kawerau District Council | Kawerau | 31 January 2023 (estimated to start Dec 2023) |
Nelson City Council | Nelson | 30 April 2024 |
New Plymouth District Council | New Plymouth | 31 July 2023 |
Rotorua Lakes Council | Rotorua Central and Rotorua East | 30 April 2024 |
Tararua District Council | Dannevirke | 30 June 2024 |
Tauranga City Council | Tauranga | 31 July 2024 |
Waipa District Council | Cambridge | 31 July 2023 |
Waitaki District Council | Oamaru | 30 June 2024 |
Western Bay of Plenty District Council | Athenree and Wharawhara supplies | 31 July 2025 |
Whangārei District Council | Ruddells and Whau valley | 31 December 2023 |
Whangārei District Council | Bream Bay | 30 June 2024 |
(All directives can be found on this Ministry of Health page.)
According to Stuff, “on the 3rd of November 2022, the Director General of Health wrote to a further 27 councils to say they were “actively considering” whether to issue a directive to fluoridate these water supplies.” It appears from the list below that some councils were actually contacted for a second time, thus the total number of councils that have been contacted is 35. There are very few councils that do not already have fluoridation and have not been contacted.
- Buller District Council – Westport, Reefton
- Dunedin City Council – Waikouaiti, Outram
- Far North District Council – Kaikohe, Paihia, Kawakawa/Moerewa, Omapere, Okaihau, Rawene
- Grey District Council
- Hastings District Council – Haumoana/Te Awanga, Whirinaki – Hawkes Bay, Clive, Waimārama
- Hauraki District Council – Waihi, Paeroa, Kerepehi, Waitakaruru
- Horowhenua District Council – Foxton, Foxton Beach, Shannon, Tokomaru
- Hutt City Council – Petone, Korokoro
- Kaikōura District Council – Kaikōura
- Kaipara District Council – Dargaville, Maungaturoto
- Marlborough District Council – Blenheim, Picton/Waikawa, Renwick, Awatere, Riverlands Industrial, Havelock, Seddon
- Napier City Council – Napier
- Ōpōtiki District Council – Ōpōtiki
- Queenstown Lakes District Council – Queenstown, Wānaka, Arrowtown, Hawea, Lake Hayes, Arthurs Point, Glenorchy, Luggate
- Rangitikei District Council – Marton, Taihape, Bulls
- Rotorua Lakes District Council – Ngongotaha, Hamurana/Kaharoa, Reporoa, Rotoiti, Mamaku, Rotoma
- Ruapehu District Council – Taumarunui, Ohakune, Raetihi
- South Waikato District Council – Putaruru, Tirau
- Tararua District Council – Pahiatua, Woodville
- Taupō District Council – Acacia Bay, Omori/Kuratau/Pukawa, Kinloch, Mangakino, Motuoapa
- Timaru District Council – Timaru City, Temuka, Downlands – Te Ana Wai, Geraldine, Te Moana Scheme, Pleasant Point, Seadown, Downlands-Waitohi
- Waimate District Council – Waimate, Hook/Waituna Rural
- Wairoa District Council – Wairoa
- Waitomo District Council – Te Kuiti, Piopio
- Westland District Council – Hokitika, Franz Josef
- Western Bay of Plenty District Council – Muttons, Pongakawa, Ohouere, Youngson Road, Tahawai (linked with Athenree), Waihi Beach (linked with Athenree)
- Whakatane District Council – Rangitaiki Plains, Otumahi, Murupara, Taneatua, Matata, Ruatoki
- Whanganui District Council – Whanganui
On the 4th September 2023 the Ministry of Health sent a letter to all the above councils advising that the decision to issue directions “remains under active consideration” and this was due to “the Government’s Water Services Reform programme, capacity pressures across the water services sector, and the impact of recent weather events in the North Island.”.
Updates
As at March 2024
Nelson: Implementation date pushed back to 31 December 2024 after Mayor requests extension. See Nelson City Council backs off fluoridation – not confident of legal status
Rotorua: Council puts fluoridation implementation on hold until court case is settled.
Horowhenua: Council puts fluoridation implementation on hold until more is known.
The Whangarei and Waitaki councils were continuing to build the equipment needed to fluoridate, but said they did not plan to add fluoride to drinking water until there was more legal clarity. See Bid to force14 councils to fluoridate heads back to court.
Background
On the 15th of November 2021 the Mandatory Fluoridation Bill was passed into law.
See Part 5A Fluoridation of Drinking Water of the Heath Act 1956
This Bill was originally introduced by the National Government to shift decision making from the local councils to the District Health Boards. The Bill was designed to remove input from the local communities and ensure fluoridation is introduced in all areas of New Zealand.
In 2020 the Labour Government introduced a Supplementary Order paper to shift decision making solely to the Director General of Health. This was in response to the Labour Government disbanding the District Health Boards in favour of centralised control.
Before ordering councils to introduce fluoridation, the Director General must:
- seek and consider advice from the Director of Public Health
- consider all scientific evidence on the effectiveness of fluoridation to reduce dental decay
- determine whether any benefits outweigh the financial costs, taking into account the likely state of oral health in your community and the number of people likely to receive water from the local authority.
- The ongoing cost of fluoridation
See original Bill Health Fluoridation of Drinking Water Amendment Bill
Why we are opposed:
This Legislation shifts responsibility from the local councils to the Director General of Health. It is designed to make it virtually impossible to stop fluoridation in currently fluoridated areas, or to keep it out of places that do not have it – even if that community has said “no” to it in the past. Local Councils will be required to do as the DHB dictates or face a fine of $200,000 and a further $10,000 per day of non-compliance.
This Legislation does not require local councils to consult with the community as the what the community may want is of no consequence as the directive has to be adhered to no matter what.
In the Media
07 March 2024 Fluoridation deadline extended for Nelson
13 February 2024 Bid to force14 councils to fluoridate heads back to court
29 January 2023 Northland’s first major fluoride-treated drinking water likely next year
04 November 2022 No plans for fluoridation in North Canterbury
01 September 2022 Nelson Council kickstarts fluoridation rollout after Government mandate
01 August 2022 Fluoride directive for Ōamaru’s water supply, others to follow
31 July 2022 Whanganui not directed to introduce fluoride to water… yet
27 July 2022 Fluoride to be added to some local authority water supplies
27 July 2022 Waipa Debate over fluoride flares
27 July 2022 Dr Ashley Bloomfield orders 14 councils’ water supplies to be fluoridated
21 June 2022 FFNZ Press Release Government dictates to communities again
10 June 2022 Whangarei Whangārei Mayor says her council will not fluoridate unless government pays
31st March 2021 “Highly Wrong” Judith Collins hits back at report she lost caucus vote on fluoride
18th March 2021 National concerned with government move to centralise drinking water fluoridation power
18th March 2021 Water Fluoridation to be controlled by Director General of Health under proposed law
18th March 2021 Water fluoridation powers to be taken off councils, giving control to Ashley Bloomfield
16th March 2021 Water fluoridation move a significant “shift in thinking” says Marlborough mayor
25th February 2021 Whangarei’s mayor against DHBs making fluoride decisions
August 2017 Coleman and Dunne a disgrace to health portfolios
13th July 2017 Artificial fluoridation is a fraud _ NZ Health Minister doges question
7th June 2017 Fluoridation: the greatest good for the greatest number
6th June 2017 Government commits $12m to help councils cover costs of fluoridation in water supplies
15th March 2017 Councils push for Health Ministry to take over national powers on water fluoridation
17th November 2016 Press Release Jonathan Coleman and Peter Dunne
13th April 2016 Bill reopens fluoridation debate
13th April 2016 Health Minister Coleman says DHBs “more motivated” than councils to fluoridate
12th April 2016 DHBs could make call on fluoridation
What the Politicians said at 1st Reading in 2016
At First Reading, Annette King, who was then Labour’s spokesperson on Health had this to say:
“The Minister said that population health is best addressed by elected district health boards at a local level. They are required by the Minister of Health, who has absolute say over what they do through the letter of expectation, to carry out the wishes of the Government of the day. So the idea that they have got some autonomy in making decisions around health is only very, very at the edges, if at all.”
As you will see from the transcript and related documents and the video footage of the MPs that spoke at the first Reading (5th of December 2016) – National, Labour and the Greens support the Bill. You will also see that none of the speakers know very much about the subject. Health Select Committee Chair Simon O’Connor mistakenly credits his good teeth on taking fluoride tablets as a child. Unbeknownst to him, the Ministry of Health no longer recommends fluoride tablets because we now know fluoride doesn’t work by swallowing and fluoride tablets cause dental fluorosis!
In a press release in December 2016, Labour also condemned the Maori Party for running a poll to find out what people think.
Select Committee
In February 2017 , the Health Select Committee received 1200 submissions and heard hundreds of people give oral presentations.
Click here to see submissions from Fluoride Free NZ and others
The Committee reported back to Parliament with a few recommendations. Since the election, the Health Select Committee has completely changed so none of the MPs that heard the submissions are on the Committee now.
Download Select Committee Report (contains recommendations for amendments)
Where the Parties stood
Associate Health Minister Peter Dunne, who introduced the Bill, has called people who are opposed to fluoridation as “tin-foil hat wearing, UFO-abducted pseudo-scientists.” He mustn’t have realised that he was insulting around half of the NZ population. Results from all referenda held in NZ show that people tend to vote status quo. As only half of the country is fluoridated (23 councils out of 67, not “27 councils have rejected fluoridation” as Peter Dunne incorrectly stated) which means that roughly half the population is opposed to fluoridation (or maybe more than half) and if a nationwide referendum was held tomorrow, we would have a good chance of winning.
Peter Dunne, was voted out of Parliament in 2017
Labour: Pro-fluoridation and in favour of mandatory fluoridation
National: Pro-fluoridation and in favour of mandatory fluoridation
NZ First: should be decided by local referendum.
The Greens supported the Bill regardless of the opposition within the party. They refused to meet with anyone opposed.
Health Select Committee Members in 2018
Louisa Wall – Chairperson, Labour Party, Manurewa
Shane Reti – Deputy Chair, National Party, Whangarei
Jonathan Coleman – National Party, Northcote, ex-Health Minister who introduced the Bill
Matt Doocey – National Party, Christchurch
Liz Craig – Invercargill ,Labour Party , public health doctor
Kanongata’a Suisuiki Anahila – Labour, Senior exec Min Soc Development
Nicky Wagner – National Party, Christchurch
Angie Warren-Clark – Tauranga, Labour Party, lawyer, manager Women’s Refuge Tauranga
Health Select Committee Members in 2017 when Submissions were heard
Simon O’Connor, Chairperson, National Party, Tāmaki
Barbara Kuriger, Deputy-Chairperson, National Party, Taranaki-King Country
Melissa Lee, Member, National Party, Waitaki
Julie Anne Genter, Member, Green Party, List
David Clark, Member, Labour Party, Dunedin North
Sarah Dowie, Member, National Party, Invercargill
Scott Simpson, Member, National Party, Coromandel
Ria Bond, Member, NZ First, List
Poto Williams, Member, Labour Party, Christchurch East
More Information
- Local Government New Zealand’s response to amendments to the Act
- Ministry of Health’s position statement on current proposed Legislation
- Legislative Disclosure Statement from the Ministry of Health.
- Regulatory Impact Statement – Transferring decision making
- MoH Report Summarising Submissions to the Select Committee
- Hon Dr Jonathan Coleman (Minister of Health) Fluoride in drinking water: Urgent amendment to Medicines Regulations 1984 proposed. (20 Nov 2014)
- Medicines Amendment Regulations 2015 (27 Jan 2015)
- New Health New Zealand Inc v Attorney General (Oct 2014)
- The question of legality (Updated as at May 2012)
- National Ethics Advisory Committee – why won’t they address fluoridation? (2006)
- Fluoridation decision-making in NZ contains a thorough analysis of the issue of human rights (2002)
- The Human Rights Commission ruling (1980)
- The Lewis (Privy Council) case (1965)
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