4 March 2024
Erika Whittome
Via email
Dear Erika
REQUEST FOR INFORMATION UNDER THE LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT
1987 (LGOIMA) – CONSENTS FOR MEDICAL TREATMENT AND NUMBER OF WATER SUPPLIES YOU HAVE
DISCONNECTED
Your request
On 23 February 2024, we received your request for information. In particular, your request was as follows:
Dear Watercare Services Limited,
I understand that you are adding a medical treatment to the Auckland water supply. A recent high
court decision asked that the Director General of Health consider the New Zealand Bill of Rights
1990 (https://fluoridefree.org.nz/wp-content/u...
Director-General-of-Health-1.pdf).
The director general is required by law to consider the Bill of Rights before he/she issues the
directives.
As Watercare is also a Crown owned agency, it too must consider the Bill of Rights 1990.
1 Would you kindly share the number of consents from consumers that you have received for
agreeing to receive medical treatment in the water you supply?
2. For the past year, how many water connections have disconnected for non-payment of water?
Yours faithfully,
Erika Whittome
Our response
We will later turn to your two specific questions but before that we would like to begin with some background
information regarding the specific matters.
Our legislative requirements
Watercare is a limited liability company registered under the Companies Act 1993, and a local government
organisation under the Local Government Act 2002. We are subject to regulation governing planning, health and
environmental matters. The principal regulators include Auckland Council, Waikato Regional Council, Taumata
Arowai and the Ministry of Health.
In addition to the various Local Government Acts, further legislative requirements enabling and governing our
operations as the provider of water and wastewater services in Auckland are set out below:
• Water Services Act 2021
• Water Services (Drinking Water Standards for New Zealand) Regulations 2022
• Drinking Water Quality Assurance Rules 2022
• Aesthetic Values for Drinking Water Notice 2022
• Health Act 1956
Overview of our water treatment process
To ensure we meet our various legislative requirements, we collect Auckland’s drinking water from dams, rivers
and underground aquifers across the region.
At our treatment plants, we use multiple water treatment barriers to ensure the treated water meets the
requirements set by New Zealand Water Services Regulator, Taumata Arowai and the Ministry of Health. The
requirements are provided for in the Drinking Water Quality Assurance Rules 2022 (DWQAR), Drinking Water
Standards for New Zealand 2022 (DWSNZ), Water Services Act 2021 and Health (Fluoridation of Drinking Water)
Amendment Act 2021. Treatment chemicals as required by the regulations are added at various stages of the
water treatment processes to ensure compliance. The chemicals used depend on the types of water treatment
at each site.
Fluoride in our water supplies
In the past, the decision on whether to fluoridate water supplies rested with Auckland’s legacy councils. It then
became a decision for District Health Boards. Now, under the Health (Fluoridation of Drinking Water)
Amendment Act 2021, the Director-General of Health has decision-making powers regarding community water
fluoridation.
Watercare’s current role regarding fluoridation of drinking water supply is to undertake and maintain compliant
fluoridation system operations. It is added at the request of the Director-General of Health, under the Health
(Fluoridation of Drinking Water) Amendment Act 2021. More information is available on the Ministry of Health
website: Community water fluoridation.
Fluoride is currently added at main treatment plants supplying metropolitan Auckland. Fluoride is not currently
added at our rural water treatment plants, serving communities in Waiuku, Bombay, Huia Village, Wellsford,
Warkworth, Snells-Algies, Helensville and Muriwai.
Watercare uses HFA (hydrofluorosilicic acid) as the fluoridating agent which is one of the three approved
fluoridating agents as per the Code of Practice for the Fluoridation of Drinking-Water Supplies in New Zealand.
All information regarding fluoridation in the Auckland region can be found on our FAQ sheet on Fluoridation:
Fluoride in our water supply.
You can contact the Ministry of Health for your queries relating to fluoridation, by using a form available on their
website: https://www.health.govt.nz/about-ministr...
Non-payment of bills
As required by the Water Services Act, Watercare can respond to unpaid bills for domestic customers by
restricting the water supply, while maintaining an adequate supply for ordinary domestic, food preparation and
sanitary purposes as required by law. Accordingly, Watercare cannot completely cut-off or disconnect water
supply for domestic customers for non-payment of water.
We provide our response below for your official information request.
1. Would you kindly share the number of consents from consumers that you have received for agreeing to
receive medical treatment in the water you supply?
Watercare has nearly 500,000 residential household customers in Auckland, so it is necessary for us to have a
standard contract with these customers.
Our customer contract sets out the terms under which we provide water and wastewater services to our
customers, their obligation to pay for these services, and other rights and obligations including their rights in any
dispute with us.
As per our customer contract, if the property is connected to the water supply network, we take all practicable
steps to supply the water that meets the Ministry of Health’s Drinking Water Standards for New Zealand, except:
• in the case of planned or unplanned interruptions,
• where we are entitled to discontinue supply.
Accordingly, by using our water and/or wastewater services or by remaining connected to our networks, the
customers are deemed to have accepted the terms and conditions of this contract. The contract takes effect
automatically, without the need to sign it, and is legally binding.
2. For the past year, how many water connections have disconnected for non-payment of water?
For the past year, Watercare has not completely disconnected any residential properties for non-payment of
their bills.
Further options
You have the right to seek an investigation and review by the Ombudsman of this decision. Information about
how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
Mark Bourne
Chief Operations Officer