Our Reference: 250513083239
19 May 2025
Ms M Richardson
Email: [FYI request #30813 email]
Dear Megan
I refer to your request under the Local Government Official Information and Meetings Act 1987
(the Act) of 24 April 2025 for information on the legal advice provided to Councillors on their
liability if they do not follow the mandate to add chlorination and fluoridation to public drinking
water.
In accordance with Section 13 of the Act, we can advise that the advice provided to Councillors
was based on the legislation listed below:
The Water Services Act 2021 (https://www.legislation.govt.nz/act/public/2021/0036/m
latest/LMS374564.html) sets out the rules and penalties that the Council, as a Drinking
Water Supplier, is subject to.
•
Sections 21 and 22 set out the duty to supply safe drinking water that meets the
requirements of the Drinking Water Quality Assurance Rules (DWQAR)
(https://www.taumataarowai.govt.nz/assets/Drinking-Water-Supplier/Drinking-Water
-Quality-Assurance-Rules-2022-Revised-2024.pdf). The DWQAR sets out the
requirement to chlorinate.
•
Sections 168 and 179 set out the liabilities to Council staff and Elected Members for
failure to carry out their duties under the above.
•
Sections 171 to 173 set out the offences related to supplying unsafe drinking water
due to a lack of treatment barriers (which chlorination provides) and failure to meet
the DWQAR requirements.
•
Sections 193 to 199 set the penalties for committing the offences above.
(a)
The Health (Fluoridation of Drinking Water) Amendment Act 2021 (https://www.legislation
.govt.nz/act/public/2021/0044/latest/DLM7033733.html) enables the Director-General of
Health to direct a council as a drinking water supplier to add fluoride to a drinking water
supply. Any council that receives a direction to fluoridate one of its drinking water supplies
must take all practicable steps to ensure the optimal level of fluoride for oral health benefits
is present in that supply.
•
Section 116I sets out the requirements for the Council to comply with the issued
directive.
•
Section 116J sets out the offences and penalties relating to failure to comply.
To date, the Council has not received such directives from the Director-General of Health;
therefore, there are no plans to fluoridate any of its drinking water supplies.
I trust this answers your current query.
Yours sincerely
Sarah Nichols
Governance Manager
250513083239
2
Waimakariri District Council