The council resolution revokes its decision last November to defy government orders to fluoridate the city's water supply from 28 March. Photo: Alexia Russell
A Northland council fighting orders to add fluoride to its water supply for the past five months has bowed to government pressure - but councillors also voted to stop fluoridation immediately if a legal challenge goes their way on Tuesday.
Whangārei District councillors met in front of a packed public gallery on Monday afternoon in a debate that exposed sharp divisions among elected members.
The resolution that was eventually passed revoked last November's decision to defy government orders to fluoridate the city's water supply from 28 March.
The timeline is razor-thin because, if the council was to meet that deadline, it had to start testing equipment and dosing the city's water supply this Wednesday.
Councillors opposed to fluoridation were now pinning their hopes on an injunction the council was seeking in the High Court on Tuesday.
If that injunction was granted, it would buy the council time until its legal challenge against fluoridation could be heard.
Monday's resolution called on staff to delay fluoridation until the morning of 19 March, and to cease preparations if the injunction was successful.
It also required the mayor and chief executive to advise the director-general of health that fluoridation was being carried out "under protest" and without prejudice to the council's upcoming legal challenge.
Monday's meeting was frequently bogged down in points of order and procedural matters, with much of the argument against continuing the fluoride battle focussed on the cost to ratepayers.
As well as hefty legal bills, hours of staff time and potential fines, the council could be forced to repay the $4.56 million cost of fluoridation equipment.
The Health Ministry has already paid out $2.28m and had been expected to reimburse the council for the other half.
An amendment by councillor Scott McKenzie, calling for an immediate end to all legal proceedings and associated costs, was defeated only when Mayor Vince Cocurullo used his casting vote to break the deadlock of seven votes each way.
Mayor Vince Cocurullo said the costs of the fluoride fight were a concern. Photo: RNZ / Peter de Graaf
Councillor Gavin Benney's original motion was then passed by 13 votes to one.
Earlier in the debate, Councillor Patrick Holmes worried about the effect on rates of the unbudgeted expense of fighting fluoridation.
He said decisions around fluoridation were deliberately taken away from councils because the director-general of health was the person best qualified to make that call.
"The losers will be the tamariki [children]. The only winners will be the lawyers, who we continue to throw money at," he said.
Councillor Simon Reid, however, believed people were "too hung up on the cost of doing the right thing".
"If going to jail is my punishment for doing the right thing, bring it on," he said.
Councillor Ken Couper, on the other hand, felt the objectors who filled the gallery with placards such as "Get the F out of our water", were in the wrong place.
If people felt so strongly about the issue they should take their concerns to the government, which had made the decision to fluoridate in Whangārei and Bream Bay, he said.
Councillor Nicholas Connop, on the other hand, possibly spoke for many when he just wished the whole thing would end, and lamented the anger and division the topic generated.
"I just want this to get over and done with. The science is the science," he said.
After the meeting, Councillor Gavin Benney - who spearheaded the fluoride fight - said he was disappointed about having to revoke the council's earlier decision.
"It's a backwards step, there's no doubt about that, and I'm not happy with it. But to comply with the directive and not break the law, and to be able to pursue our court case, we had to do what we had to do. It is disappointing to have to move that today, but I'm pleased we won it. The battle goes on, the war is yet to be won."
Cocurullo said the costs of the fluoride fight were a concern.
However, if the government had not required the council to install fluoridation equipment, the almost $5m could have been spent instead on education programmes about dental care and nutrition in schools.
"I believe that would be a much better use of money," he said.
Councillor Scott McKenzie said he accepted the vote on his rejected amendment, which was so close it required the mayor's casting vote.
He remained concerned about the councillors' "open chequebook" approach to the fluoride issue, with legal costs so far of $110,000 and rising.
It was also possible ratepayers could end up having to pay the government's court costs if the council lost its legal challenges.
McKenzie was, however, pleased the meeting was held in public.
Originally it was to have been held behind closed doors last week, but a majority of councillors voted for it to be rescheduled as a public meeting.
Apart from Tuesday's injunction, the council was asking the courts to rule on whether adding fluoride to drinking water at the proposed level of 0.7-1.0 mg per litre was safe, and whether the director-general of health's instructions were lawful.
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