Landfill, Water Consents and Water Dosing

I refer to your Official Information request of 8 March 2025 regarding the above, and provide the following responses to your requests:

Question 1:

Please provide a summary document or the judgement from the Rotorua District Court, sufficient to confirm that Rotorua District Council was prosecuted in the District Court Rotorua for criminal offences described as:

Knowingly discharging excessively high levels of non-permitted leachate pollutants known to be harmful to the public, into a waterbody and outflow stream named the Tureporepo stream, from the Rotorua landfill which is under Rotorua Lakes Council's self-management and control in order to protect public safety, health and well-being. And by its conscious and knowing act to discharge and disregard the fiduciary duty protect public safety, in particular the children swimming (the penny-divers) under the Puarenga River bridge at this world famous Whakarewarewa tourist attraction, among other factors, the Environment court referred the case on to the Rotorua District Criminal Court based on the nature of the seriousness of the offending by Rotorua Lakes Council, or words to this affect.

Answer:

Attached are:

1_Crown_BOPRC_RDC - Written Sentencing Notes of Judge J A Smith - Leachate entering tributary of Tureporepo Stream

2_CRI-2017-063-3196 Summary of Facts - Leachate entering tributary of Tureporepo Stream

Question 2:

Municipal Water Take and Dosing with chemical contaminants

Please provide the confirmation of consultation evidentiary records and resulting consent approvals in favour of Rotorua District Council to draw water from the spring by resolution of each mana whenua hapu by their respective names who are known to or ought to be known to hold Aboriginal Native Hereditary Rights, Laws and Customs over the respective land and natural water spring (Puna).

The information must clarify the agreement and approval given to the Rotoura District Council to enable it to draw water from the spring for public water supply including to drink and prepare food for consumption. The affected springs for which information is required is for each of the following springs-

• Waipa
• Hemo
• Tihi O Tonga

Answer:

Attached are:

3_Waipa Resource Consent

4_Hemo Resource Consent

5_Karamu Takina Resource Consent

Note:

• Both the Waipa and Hemo Resource Consents have expired. Council has re-applied for both consents. BOPRC currently hold the resource consent applications pending iwi feedback.
• There is no Tihi O Tonga water supply. The Tihi O Tonga suburb is part of the central water network supplied by the Karamu Takina Springs. The Karamu Takina Resource Consent has no end date as it was issued prior to the Resource Management Act coming into effect in 1999. Post 1999 existing resource consents were given 35 years before needing renewal. This consent is due for renewal in 2026.

Question 3:

Please provide for each spring, the consultation records held with each respective mana whenua hapu in the proper manner and the consent approvals provided in favour of Rotorua District Council or its agent to put, administer or dose the natural spring water of any of these three spring outflows destined for public consumption with chemical pollutants or toxic materials or other additives considered to be safe medicines under the Medicines Act 1981, or any other New Zealand Statute enacted to ensure the public safety from harm by forced ingestion of water on the public of New Zealand and foreign visitors.

Answer:

See responses to Requests 3 and 4. Council does not hold documentation specifically about consultation with mana whenua hapu regarding adding additives to water sourced from the above springs.

Question 4:

Please provide RDC's justification on the basis of both medical and scientific evidence, efficacy trials, statistical evidence of the latest finds from any credible most recent studies, findings rulings, declarations to date that have investigated all aspects of adverse or negative or positive affects (if any) of the dosages administered or proposed to be administered by RDC to humankind.

And, that RDC can defend its decision for its constituents and ratepayers and all people consuming or likely to consume drinking water from RDC sources that RDC's dosing of these natural spring waters from the sources (as above) are absolutely safe and effective for All humankind, including the pregnant mothers, infants to the elderly and frail, male or female, and those in special need such as ethnicity, health impaired, special needs dependent, religion, ethical belief, tikanga laws and customs or otherwise.

Answer:

In November 2021, the Health (Fluoridation of Drinking Water) Amendment Act (the Act) was passed. This Act empowered the Director-General of Health to direct local governments to fluoridate water supplies, i.e. it removed decision-making regarding the fluoridation of water supplies from local authorities.

On 27 July 2022, Council received a letter from the Director-General of Health directing Council to fluoridate the Central and Eastern water supplies and at the time, it was due to occur by 30 November 2024. Subsequent correspondence with the Director-General of Health has resulted in the change in timeframe, but no change to the directive. The current timeframe for compliance with the directive is 28 March 2025

This means Rotorua Lakes Council is legally required to fluoridate the Central and Eastern water supplies by 28 March 2025.