Colin
.
.
- Nelson City Council had a meeting on Thursday, where the Mayor’s report said that legal uncertainty over water fluoridation had led to an eight month extension.
- The council also discussed the plan for contaminated sawdust in Tāhunanui, a letter about the Gaza conflict, and the Plan Change 29 hearings panel.
- Several items were pushed back to be heard on Friday when the meeting resumes.
Nelson has been given an extra eight months to fluoridate its water due to the legal uncertainty over the order.
In July 2022, then Director-General of Health Sir Ashley Bloomfield directed 14 councils to fluoridate some or all of their drinking water supplies. Nelson was on that list, and was given until April 30, 2024 to comply with the order.
The directives were made under a new law that put fluoridation decisions in the hands of the Director-General of Health, rather than local authorities.
But, in November 2023, Bloomfield’s orders were deemed unlawful by the High Court due to specific consideration not being given to the Bill of Rights Act in making the directives.
Now, with the deadline for Nelson looming, Mayor Nick Smith told a council meeting on Thursday that he had written to the Minister of Health Shane Reti to seek clarification on the next steps.
The council had been told in November that the directives still stood and the Ministry of Health was considering the “implications of the judgements”, he wrote in his Mayor’s Report to the council.
Nelson City Council has been given an extra eight months to put fluoride in the water due to legal uncertainty around the directives.ALDEN WILLIAMS / STUFF
“My concern is that, as the largest council facing the requirement to fluoridate since the High Court’s decision, we risk getting caught in a legal dispute between the Director-General of Health and opponents of fluoridation.
“We do not want to get offside with Ministry of Health or incur any fines for non-compliance with the directive. Nor do we wish to incur legal costs by being challenged by opponents of fluoridation for proceeding when the process by which the directive was issued has been found to have an error of law.”
In response, the Director General of Health Dr Diana Sarfati granted an extension until December 31, 2024, while the 14 directives were reviewed.
In his report, Smith said he supported the extension.
“I am quite satisfied about the safety of fluoridating water supplies and the significant oral health benefits, particularly for children. The reason I support the delay … is respect for legal process and decisions of the courts.”
At the meeting, Trudie Brand asked what would happen if the directive was overturned, while Kahu Paki Paki asked about the funding for the work to introduce fluoride to the water supply.
Smith said any decisions around the directives being overturned and the deadline was up to Sarfati.
“I’m assuming she has confidence she can resolve the issues by then.”
Any costs would be claimed back from the government, he said.
The “worst case scenario” was the council proceeding before the legal questions were answered and then getting dragged into a costly court proceedings, he said.
Opponents to fluoridation question the science behind adding it to water, and object to forced medication.
The most recent New Zealand Oral Health Survey (2009) found that children and adolescents had 40% less tooth decay in areas with fluoridated water supplies.
In the US, the Centre for Disease Control and Prevention found fluoridated water reduced tooth decay by about 25%, and labelled fluoridated water one of the 10 great public health achievements of the 20th century.
Tāhunanui sawdust contamination
Councillors voted in favour of a $5.8m plan to remove contaminated sawdust and sand from Tāhunanui’s back beach.NELSON MAIL
At Thursday’s meeting councillors also voted in favour of a $5.8 million plan to tackle the contaminated sawdust pile at Tāhunanui’s Back Beach.
But, while the council voted 12 votes to one in favour of the plan to remove the contaminated sawdust and sand and take it to landfill, they also agreed to try and retain more car parks at the popular dog walking and wind sports site.
The original motion would have reduced the car park size from 20 to about 10 to 15.
But, councillor Pete Rainey amended the wording to state that an alternative car park would be built “ideally without reducing the number of car parks”.
Mayor, councillors call for Gaza peace
Mayor Nick Smith tabled a letter at the meeting, signed by himself and eight councillors, calling for peace in the Middle East.
The letter was sent to Prime Minister Christopher Luxon, and Deputy Prime Minister and Minister for Foreign Affairs Winston Peters.
The councillors backed the call for a ceasefire in Gaza, but called on the Government “to strengthen requests for an immediate and sustainable humanitarian ceasefire”.
“We also urge the New Zealand Government to do all it can to activate and support the negotiation of a lasting solution in which the both the Palestinian and Israeli people can live in peace and with security.”
Along with Smith, it was signed by Deputy Mayor Rohan O’Neill-Stevens and councillors Rachel Sanson, Pete Rainey, Aaron Stallard, Matty Anderson, Kahu Paki Paki, James Hodgson, and Campbell Rollo.
Councillor Tim Skinner expressed concern about councillors expressing views on international matters under the council letterhead.
Additional commissioner for Plan Change 29 hearings
Councillors voted in favour of appointing an additional commissioner to the hearing panel to consider Plan Change 29.
Council received 880 submissions on the controversial plan, with many questioning the make up of the hearings panel, which was to have independent commissioner Greg Hill as chairman and two councillors – Brand and O’Neill-Stevens.
The report to councillors on Thursday said the plan change was complex and an additional commissioner would help provide expertise on “matters relating to intensification of residential and commercial activities on land subject to hazards”.
The meeting will continue on Friday.
Share