The Health (Fluoridation of Drinking Water) Amendment Act 2021 shifted decision-making on fluoridation from local authorities to the Director-General of Health.

In July 2022, then Director-General of Health Dr Ashley Bloomfield made directions under the Health Act to 14 local authorities, including Nelson, to add fluoride to their water supplies.

The direction required Council to have this in place by April 2024, 12 to 18 months from the date of direction. A subsequent extension of time was granted to allow fluoridation to be in place by 31 December 2024.

The Act states that it is an offence for a drinking water supplier not to comply with the Director-General of Health direction. This offence under s69ZZR(1) of the Health Act 1956 would be a strict liability offence with a maximum penalty of $200,000 plus an ongoing fine of $10,000 per day while the offence continues.

The direction sets a target concentration of fluoride in treated water at between 0.7 and 1.0mg/L. Council will be setting the level at 0.85mg/L. The maximum acceptable value under the Drinking Water Standards for New Zealand is 1.5mg/L.

Fluoride will be added to the Nelson water supply, with commissioning of new equipment and testing starting from 6 December 2024. The operation will be completed by 31 December 2024.

Our water quality is continually monitored through a rigorous independent testing programme, and fluoride will be included in this schedule, with analysis carried out by an independent third party to ensure quality standards are met.

If Council does not provide fluoridated drinking water by 31 December, 2024 then it is liable for a fine of $200,000 and a subsequent $10,000 fine every day that we are not compliant. This fine would need to be paid using ratepayer funding and is not budgeted for.

The Ministry of Health will fully subsidise the capital cost of the installation of the fluoride infrastructure up to a maximum of $909,000. Operational budgets have been included in Council's Long Term Plan.