19 March 2019
Travis Clayton
By email
[email address]
Dear Mr Clayton
RESPONSE – REQUEST FOR INFORMATION ABOUT FLUORIDE HEALTH CLAIMS AND
LEGAL AUTHORITY FOR FLUORIDATED WATER
Background
1.
I refer to your request dated 19 February 2019, which was transferred to Watercare from Auckland
Council on the same day under section 12 of the Local Government Official Information and
Meetings Act ("
LGOIMA").
2.
Watercare responded to your request on 25 February 2019, detailing the composition of
Hydrofluorosilicic Acid supplied to Watercare, as well as its physical properties and trace elements.
3.
On 28 February 2019, you advised in an email to Watercare that our response was inadequate to
satisfy the second part of your request and that you wished to be provided with the following
information:
…documents that include specific claims [by Watercare] and documented support for these claims,
for its own actions, over time, with respect of adding the acid to public water. Or, alternatively,
please supply and reference the legal documents that specifically provide the basis on which
Watercares apparent, claim and support free, acid dosing actions, are provided for in LAW.
4.
We have decided to grant your request and provide the following information in response.
Documents provided to the public containing claims about fluoride addition or its medicinal
benefits
5.
Watercare adds fluoride to Auckland's metropolitan water supply in accordance with the guidelines
set by the Ministry of Health.
6.
The only public information shared by Watercare regarding fluoridation is what is reported in the
monthly Metropolitan WTP Fluoride report (latest report enclosed as
Appendix 1), in the annual
Water Quality Report (latest report enclosed as
Appendix 2) and on the Watercare website.1
7.
More broadly, sharing information about the benefits of fluoridation relates to the functions of the
Ministry of Health. If you have further questions in this regard, we encourage you to contact the
Ministry for further information about the health effects of fluoridated water. The relevant contacts
can be found at the following link
: https://www.health.govt.nz/about-ministry/contact-us.
1
https://www.watercare.co.nz/Water-and-wastewater/Water-treatment-and-supply/Drinking-water-quality
3735320
Legal documents that provide the basis on which Watercare's claims an ability to fluoridate
water
8.
Fluoride has been added to Auckland's metropolitan water supply for dental hygiene purposes
since 1965. At that time, the Auckland Regional Authority was responsible for the region's water
supply. It passed a resolution to introduce fluoridation in accordance with its powers under the
Municipal Corporations Act 1954. The Privy Council confirmed that this section empowered local
authorities to fluoridate bulk water supplies in
Attorney-General v Lower Hutt City [1965] NZLR 116
(PC).
9.
In 1990, pursuant to the Local Government Act 1974, the Auckland Regional Council resolved that
fluoridation should remain in place.
10.
More recently, the Supreme Court considered the power of local authorities to fluoridate water in
the case of
New Health New Zealand Incorporated v South Taranaki District Council [2018] NZSC
59. Of relevance to your query, the Court concluded at para [56] that:
…the Council (in common with other local authorities) has power to fluoridate
drinking water. The LGA 2002 was enacted against a background that fluoridation
was, and has been for decades, lawful….the express continuation power in s 130,
includes the power to fluoridate.
11.
As the local government organisation that provides water services in Auckland, Watercare may
exercise the power to fluoridate water in accordance with section 130 of the Local Government Act
2002, although it must comply with the Health Act 2002 in doing so. The Health Act requires
Watercare to take all practicable steps to ensure that the water its supplies meets the Drinking
Water Standards produced by the Minister of Health, including the fluoridation limit of 1.5mg/L. In
accordance with this duty, Watercare actively monitors the fluoridation levels in Auckland's water
supply to ensure they stay within the Minister's recommended range.
12.
You may also be aware that Parliament is currently in the process of considering the Health
(Fluoridation of Drinking Water) Amendment Bill. The Bill passed its first reading on 6 December
2016 and the Health Select Committee delivered its report on 29 May 2017, after considering over
1,000 submissions. The Bill proposes to provide District Health Boards with the discretionary
ability to direct drinking water suppliers to fluoridate water or stop fluoridating water. If you have
more questions about the proposed Bill and its progress through Parliament you may like to contact
the Ministry of Health or your local MP.
13.
If you wish to discuss this response with Watercare, please feel free to contact me.
Yours sincerely,
Priyan Perera
Head of Operations Excellence
Watercare Services Limited
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