Rotorua Lakes Council has agreed to enter into a funding agreement with the Ministry of Health for the capital costs of implementing a directive to fluoridate the Rotorua Central (Karamu Takina Spring) and East (Waipa Spring) water supplies by March 2025.
Rotorua Lakes Council was directed to fluoridate the water supplies through the Health (Fluoridation of Water Supplies) Amendment Act 2021. This new legislation came into force in December 2021 and gave the Director General of Health power to issue a directive to local authorities to fluoridate public water supplies.
In July 2022, the Director General of Health directed Rotorua Lakes Council to fluoridate its two larger water supplies – Central and East by 30 April 2024. Rotorua was one of 14 local authorities directed to fluoridate water supplies at that time.
Rotorua Lakes Council Chief Executive, Andrew Moraes, says some elected members have raised concerns around the directive and Council officers have sought legal advice.
“Council submitted concept designs for each required fluoridation plant as part of the government funding assistance process. The capital works funding support was approved in principle in May 2023. However, in November 2023, the High Court issued a judgement, finding the Director-General of Health made an error of law with the decision-making process, in relation to the Bill of Rights but declined to deem the order invalid.”
The Council asked for more time to comply with the directive while the Ministry of Health addressed legal issues raised by the High Court. The Ministry has confirmed the original directive is still valid. The Director-General of Health has given Council more time and reissued the directive, requiring the Council to fluoridate by 28 March, 2025.
Mr Moraes says the cost to upgrade the two treatment plants is about $3m which would be funded through the Government’s $11.3m funding pool for capital projects associated with the directive.
“The deadline for entering into a funding agreement with the Ministry of Health is 30 June. Crown funding would be at risk if Council did not meet that deadline which means the capital costs would need to be met by ratepayers. The Ministry also has the ability to issue fines if the directive, which the court has ruled remains valid, is not met by the March 2025 timeframe.
“The alternative to agreeing to this funding would be that Council would require ratepayers to pay for the upgrades and still be at risk of fines.
“We acknowledge the funding assistance provided by the Ministry of Health which means no net capital cost for Council. Ongoing operational costs for the monitoring and fluoridation of the two supplies is estimated to be $160,000 per year, which would be funded through council’s annual renewal and maintenance budgets.”
Council’s infrastructure Group and its contractors would be charged with monitoring and maintaining the dosing system as they currently do, along with UV and chlorine disinfection, filtration and pumping systems that are managed in accordance with the Drinking Water Quality Assurance Rules and Drinking Water Standards.
The Ministry of Health estimates every dollar spent on water fluoridation will save about $9 in dental care costs. For further information on community water fluoridation visit Ministry of Health website (health.govt.nz).
Today’s decision by Council was not unanimous.
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