133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
14 February 2024
Ref: H2024034795
Chris Johnston
[FYI request #24923 email]
Tēnā koe Chris
Response to your request for official information
Thank you for your request for information under the Of icial Information Act 1982 (the Act) to
the Ministry of Health - Manatū Hauora on 30 December 2023, which follows on from your
previous request (H2023033244 refers). Each part of your request is responded to below:
“1. Please clarify whether this Manatū Hauora you speak of is a legally distinct
organisation to the MoH or the same organisation. Is the website www.MoH.govt.nz the
official website for this Manatū Hauora and can I therefore rely on it for official
information?”
Manatū Hauora is the te reo Māori name for the Ministry of Health, and is the same
organisation. The official website for the Ministry of Health is www.health.govt.nz/.
“2. Now that the MoH has possession of this link it is now a Record under the Public
Records Act held by an organisation that has received this OIA and is subject to the OIA.
Please now answer my questions with respect to this standard contract.”
This part of your request relates to your earlier request for any documentation about contractual
relationships with Watercare. This is refused under section 18(e) of the Act, as the information
requested does not exist.
“3. Is the transfer of regulatory relationship something to do with what is colloquially
known as “3 Waters?”
Full details of the regulatory reform can be found here:
www.dia.govt.nz/Water-services-reform-
archived-information, the later part of this reform was known as “3 Waters”. The transfer of
regulatory ownership was undertaken through Taumata Arowai – the Water Services Regulator
Act 2020: www.legislation.govt.nz/act/public/2020/0052/latest/whole.html,
and the Water
Services Act 2021: www.legislation.govt.nz/act/public/2021/0036/latest/LMS374564.html.
“4. Can you please:- Provide me with the document that details all the evidence used to
set the MAV for Fluoride for the equivalent set of regulations that applied before 15
November 2021 - "Drinking-water Standards for New Zealand 2005 (revised 2018)”. I
need a document for each year the regulations changed - even if the value for Fluoride did
not change.
Prior to 2021, the Ministry of Health was responsible for setting maximum acceptable values in
the Drinking-water Standards for New Zealand (DWSNZ). The Department of Internal Affairs is
now responsible for administering the Water Services (Drinking Water Standards for New
Zealand) Regulations 2022.
The Ministry of Health Drinking Water Quality Guidelines for New Zealand set out information on
the health impacts of both biological and chemical substances found in water. Please refer to
Chapter 10 (starting on page 498 of the PDF) which sets out information on chemical
substances. Reference documents are included in the guidelines, and you can find the
guidelines by searching on the Taumata Arowai website here:
www.taumataarowai.govt.nz/home/guidance-and-resources/?TopicID=6&SupplyID=.
“5. Confirm that it was the MoH that did the due diligence, policy analysis and legislative
drafting for these regulations from 2005 to 2018?
Part 2A of the Health Act 1956 gave the DWSNZ the status of a legislative instrument, they did
not become a regulation until 14 November 2022. Between 2005 and 2018 the Ministry of
Health undertook the due diligence and drafting of the DWSNZ.
The “Drinking-water Standards for New Zealand” regulations from 2005 to 2022 deal only
with maximum allowed values (MAVs), and do not specify any Minimum levels required.”
The DWSNZ set maximum allowable values for common microbiological and chemical
substances likely to be found in drinking water to ensure its safety when supplied to the
consumer.
“6. Can you please provide the basis of (and documents supporting) Ashley Bloomfield’s
instruction to Auckland Council / Watercare to introduce additional Fluoride (a minimum)
to the water supply. Copies of the correspondence internally within the MoH and any
Auckland Council or Watercare officers is also required. On what legal basis was this
done if the date was:
- Before 15 November 2021
- After 15 November 2021”
Attachment 1 sets out the Ministry of Health’s letter dated 15 December 2021, updating local
authorities on community water fluoridation and next steps. The letter sought information from
each local authority to assist with planning.
In response to the letter in Attachment 1, Watercare provided the attached summary information
in December 2021 (At achment 2). Please note the comments in the final column are now very
out of date. Please also note that the water supplies highlighted in yellow are dual supply /
private supply. Some information has been withheld under section 9(2)(a) to protect the privacy
of natural persons.
The Health (Fluoridation of Drinking Water) Amendment Bil was passed in November 2021.
The legislation enables the Director-General of Health to direct local authorities to fluoridate
water supplies and set a compliance date. Prior to the passing of this legislation there was no
power of direction.
In July 2022, the Director-General of Health directed 14 local authorities to fluoridate one or
more water supplies. This link contains information from local authorities:
www.health.govt.nz/system/files/documents/pages/binder of fluoridation information redacted
v5.pdf.
Page 2 of 5
Further information on community water fluoridation can be found here: www.health.govt.nz/our-
work/preventative-health-wellness/fluoride-and-oral-health/community-water-fluoridation.
“ 7. Is there a minimum amount of Fluoride recommended and on what clinical evidence
(the published studies). If quoting a report from another health agency (eg WHO) then
please quote the scientific studies that document references explicitly. I want to ensure
we establish the actual studies and evidence - not just “they said it was true so we
repeated it”.
The optimal level of fluoride in drinking water recommended by the World Health Organization
to provide protection against tooth decay is 0.7 – 1.0mg per litre. This is the level recommended
in New Zealand.
There is a body of evidence on the use of water fluoridation since the 1930s. The Of ice of the
Prime Minister’s Chief Science Advisor (OPMCSA) examined the evidence regarding
community water fluoridation in 2014, including the level that was optimum for oral health
benefits. In 2021, the OPMCSA reviewed further evidence in an update of this review. You can
find these reports here: www.pmcsa.ac.nz/topics/fluoridation-an-update-on-evidence/.
“8. Can the MoH Public Health team specifically answer whether this draft report - NTP
Monograph on the State of the Science Concerning Fluoride Exposure and
Neurodevelopmental and Cognitive Health Effects: A Systematic Review has been:
- 1 - Downloaded and viewed by anyone in the team
- 2 - Critiqued by anyone in the team or sent out for review as part of due diligence and a
duty of care
- 3 - Filed in the MoH or Health NZ archives as a Record under the Public Records Act
- 4 - Confirm that at least (1) and (3) has been done in answering this OIA, and the
location / meta data of its storage (eg SharePoint library and tags).”
The Office of the Prime Minister’s Chief Science Advisor’s 2021 evidence update considered an
earlier version of the draft National Toxicology Programme report. Commentary on the draft
National Toxicology Programme report is on page 25. Please see above link.
The Ministry of Health does not file information that is publicly available.
“9. Is the fluoride in drinking water supposed to have most of its affect topically on the
tooth or by ingestion and entry into the blood supply to the tooth? What is the MoH’s
official clinical position based on the evidence?”
The Office of the Prime Minister’s Chief Science Advisor’s 2021 evidence update discusses the
effects and mechanisms by which fluoride provides oral health benefits. You can also find
information on fluoride and its effects published on the Health New Zealand -Te Whatu Ora
website here: Fluoride | Health Information and Services.
“10. I also need to see the latest 3 documents that mention any liability for the MoH
organisation or officers from enforcing a Public Health measure that causes damage to
citizens.”
“11. Please provide any document that discusses whether compensation is required for
end users from the mandated medication of their water supply.
Page 3 of 5
“12. Does the MoH agree that compensation is appropriate where over regulation or
aspirational mandated treatments are involved that interfere with private
property/contractual arrangements? Why? Why not?”
These parts of your request are refused under section 18(e) of the Act, as the information
requested does not exist. While the Act allows New Zealanders to ask for information from
Ministers and government agencies, there is no requirement for agencies to create new
information, compile information they do not hold, or provide or prove an opinion.
I trust this information fulfils your request. If you wish to discuss any aspect of your request with
us, including this decision, please feel free to contact the OIA Services Team on:
[email address].
Under section 28(3) of the Act, you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602.
Please note that this response, with your personal details removed, may be published on the
Manatū Hauora website at: www.health.govt.nz/about-ministry/information-releases/responses-
official-information-act-requests.
Nāku noa, nā
Barbara Burt
Acting Group Manager, Public Health Policy and Regulation
Public Health Agency | Te Pou Hauora Tūmatanui
Page 4 of 5
Attachment 1
The Ministry requests some information from you now
The Ministry is now seeking information on the fluoridation ‘readiness’ of local
authorities, and any cost and planning pressures they face. This will allow the Ministry
to better understand how implementation of fluoridation will be phased1.
We ask that you provide the following information for each of your council-owned
un-fluoridated drinking water supplies that service a population of 500 people or more:
•
the status of your fluoridation infrastructure
•
whether fluoridation capital works is underway or planned
•
the expected date for completion of capital works (if relevant)
•
the estimated capital works cost to fluoridate your supplies
•
the budgeted capital works costs to fluoridate supplies included in long term plans
or budgets
ACT 1982
•
the number of months required to fluoridate water supplies if a direction is issued
•
other information useful for implementation planning.
Please also confirm the list of un-fluoridated supplies controlled by your local authority
(see
Appendix one)
and provide the information above for any additional supplies that
are not listed.
I request that you provide this information by completing and returning the attached
INFORMATION
spreadsheet by 11 March 2022 to [email address]. You can also use this
contact email if you have any questions or would like to discuss matters further.
I look forward to working with you on this initiative to help improve the oral health of the
communities you serve.
Nāku noa, nā
Dr Ashley Bloomfield
Te Tumu Whakarae mō te Hauora Director-General of Health
Cc: Jon Lamonte, Chief Executive, Watercare
RELEASED UNDER THE OFFICIAL
Colin Crampton, Chief Executive, Wellington Water
Bill Bayfield, Chief Executive, Taumata Arowai
District Health Board Chief Executives
Public Health Unit Managers
1 This information is not being sought as part of my requirements under section 116G the Act. I will ask
local authorities to formally provide comment on these provisions in advance of issuing directions
regarding specific water supplies.
Page 2 of 2
Attachment 2
Expected date for
completion of capital
Estimated capital Budgeted capital works Estimated number of
works, if relevant (enter works cost to
costs to fluoridate supply months that would be
Water supply (servicing
What is the status of
Are fluoridation capital date)- ie: respond if
fluoridate supply if included in long term
required to fluoridate
Name and contact details of
population of 500 people or
fluoridation infrastructure?
works underway or
answer to Column D was a direction is issued plans or budgets (dollars water supply if a
key contact for Community
Local Authority- Water Supplier
more)
(select an option)
planned? (Yes/No)
yes
(dollars)
and allocation year/s)
direction is issued
Water Fluoridation
Any other comments
ACT 1982
Auckland Council ans also a dual
Watercare Services Ltd
Shakespear Regional Park
supply from WSL Fluridated network.
Private supply - ADHB. However
mostly supplied by Fluoridated WSL
Watercare Services Ltd
Greenlane Hospital
network. Dual supply.
Capital works program could possibly
be reduced if additional
Watercare Services Ltd
Helensvil e/Parakai
Not Instal ed
No
120,
000.0
0
30/06/2024 s 9(2)(a)
funding/resource is avalible.
Capital works program could possibly
be reduced if additional
Watercare Services Ltd
Snells/Algies
Not Instal ed
No
270
000.0
0
30/06/2024 s 9(2)(a)
funding/resource is avalible.
Capital works program could possibly
be reduced if additional
Watercare Services Ltd
Waiuku
Not Instal ed
No
920,
000.0
0
30/06/2024 s 9(2)(a)
funding/resource is avalible.
INFORMATION
Capital works program could possibly
be reduced if additional
Watercare Services Ltd
Warkworth
Not Instal ed
No
120,
000.0
0
30/06/2024 s 9(2)(a)
funding/resource is avalible.
Capital works program could possibly
be reduced if additional
Watercare Services Ltd
Wellsford/Te Hana
Not Instal ed
No
270,
000.0
0
30/06/2024 s 9(2)(a)
funding/resource is avalible.
Capital works program could possibly
be reduced if additional
Watercare Services Ltd
Bombay
Not Instal ed
No
290,
000.0
0
30/06/2024 s 9(2)(a)
funding/resource is avalible.
Private supply. However mostly
supplied by Fluoridated WSL network.
Watercare Services Ltd
Broadway Park, Newmarket
Dual supply.
Watercare Services Ltd
Huia Vil age
Not Instal ed
No
220,
000.0
0
30/06/2024 s 9(2)(a)
Watercare Services Ltd
Muriwai
Not Instal ed
No
290,
000.0
0
30/06/2024 s 9(2)(a)
Not specific enough - is this
Watercare Services Ltd
Auckland
Instal ed - in use
Onehunga? Now added below.
Added to spreadsheet by WSL.
Capital works program could possibly
be reduced if additional
Watercare Services Ltd
Onehunga
Not Instal ed
No
60,
000.0
0
30/06/2024 s 9(2)(a)
funding/resource is avalible.
RELEASED UNDER THE OFFICIAL
