(File photo) Photo: AFP
Legal action has been threatened against Kawerau District Council if it introduces fluoride to its water supply - but the council also faces a hefty fine if it doesn't add it.
Mayor Faylene Tunui acknowledged the council's position during the public forum of a recent council meeting, when about 17 people attended to push the anti-fluoridation message.
"We really are stuck between a rock and a hard place," she said.
The council is one of 14 around the country that has be given a directive from the Director General of Health to add fluoride to the town water supply by July 1.
Tunui said the consequences of not doing so would include a fine of up to $200,000.
The council is one of 14 local bodies directed to fluoridate their water supply. Photo: Supplied / LDR
Community member Skarlett Starr asked the council to request an extension to the directive from the Director General.
"There are people here that are prepared to seek legal recourse should you go ahead in the current situation. You are currently at odds with the law. You have left yourselves grossly exposed to litigation," she said.
Starr and five other speakers had, in December, presented a petition to the council signed by 722 people opposed to having fluoride added to the town water supply.
At last week's meeting, Starr asked the council to represent their concerns to the Director General of Health and join Nelson, Rotorua Lakes, Whangārei and Horowhenua councils in looking to ask for an extension to the directive.
"You need to respect and acknowledge our rights in law to express our request to you to not medicate us against our wishes," she said.
Water fluoridation is an effective, safe and affordable way to prevent and reduce tooth decay, the Ministry of Health website states.
Lawyer Sue Grey. Photo: RNZ / Samantha Gee
Starr was accompanied by Nelson lawyer Sue Grey, who is known for her campaign against the Government's Covid-19 measures.
Grey spoke about the many obligations on council, including representing the people of their community.
"It's not just the one obligation to comply with the Director General's directive."
She also discussed a High Court decision in November last year, in a case brought by New Health New Zealand. The outcome was that the Director General of Health had been told to take the Bill of Rights Act into account when issuing directives.
Grey said members of the Nelson community opposed to fluoride in drinking water had formed a Clean Water Coalition.
Nelson council had asked the Ministry of Health whether it would provide funding if Clean Water Coalition took council to court and they were given an extension to the directive to consider their options.
Deputy mayor Aaron Rangihika asked whether any groups had actually filed against their councils in court.
"I would encourage them to," he said.
Grey said most communities were waiting for the response from the High Court case.
Tunui said the council had received a letter from the Director General of Health in February stating that the directive was still in place.
The council was therefore still legally required to continue to install and commission the required infrastructure and start fluoridating the water supply.
She felt Kawerau ratepayers were not in a position to be able to afford a potential $200,000 fine.
LDR is local body journalism co-funded by RNZ and NZ On Air.