New Tauranga mayor Mahé Drysdale has voted against adding fluoride to Tauranga’s water.

The Olympic rowing champion says he has “real question marks around safety” and wants more assurances it did not pose a risk, despite health authorities saying community water fluoridation is a safe and effective way to reduce tooth decay.

Tauranga’s water will be fluoridated by October 24 after a majority of councillors supported the move at a council meeting on Monday.

It must do so to comply with the director general of health’s directive to fluoridate for 30 days before November 30 or risk a fine of up to $200,000 plus $10,000 per day if non-compliance continued.

The fluoridation directive first made by then-director general of health Dr Ashley Bloomfield in 2022 said he had considered the scientific evidence and was “satisfied that community water fluoridation is a safe and effective public health measure that significantly reduces the prevalence and severity of dental decay”.

It has been continued by current director general of health, Dr Diana Sarfati, who last month denied the council’s request for a deadline extension.

Community members against fluoridation filled the public gallery and protested outside before Monday’s council meeting started.

Drysdale told the meeting he had concerns about fluoride’s impact on people’s health.

He wanted Sarfati to consider evidence released since 2021 when an evidence update supported the conclusion of a 2014 Chief Science Advisor’s report that there were no adverse health effects of water fluoridation.

The mayor wanted assurance from her after viewing newer information that she “still believes that it is safe for the whole community and there is no risk of reducing cognitive ability or IQ.”

Tauranga mayor Mahé Drysdale said he had questions about the safety of fluoride. Photo: Alisha Evans/SunLive.

Drysdale also wanted Safarti to confirm the directive considered the Bill of Rights and did not give “unjustified limitations” to it.

“I would like to see the director-general come out and give us those assurances if she’s going to double down and ensure that we actually fluoridate our water.”

In November 2023, a High Court judgement questioned whether fluoridation directives considered the Bill of Rights. The director-general’s analysis of this is ongoing.

She and the Attorney General have appealed the decision, which is scheduled to be heard in June 2025.

In February, the High Court found the existing directions to fluoridate were legal and valid.

Some councillors were concerned it would be unlawful not to agree to fluoridate.

Drysdale said the council’s legal advice was that the directive had been found legal by the courts.

The council had also been advised councillors could be held personally liable if they acted outside the law and caused a loss, which they may have to pay for, he said.

Tauranga Deputy Mayor Jen Scoular said it would be unlawful not to comply with the fluoridation directive. Photo / Alisha Evans

Deputy Mayor Jen Scoular said the council was in an “uncomfortable situation”.

“Our legal advice today is that it would be unlawful not to comply with the directive.

“As a lawful citizen and a lawful councillor, I believe this is the only option we’ve got ahead of us.”

Councillor Rick Curach said he would always take the lawful approach, which prompted heckling from the public gallery.

The issue was with the government and the “noise needed to be directed there,” he said.

Councillor Steve Morris said he did not have concerns about the health aspects of fluoride but had significant concern around the Bill of Rights.

The council had tried to find a way to not breach the law but if it did not comply with the order, it would, he said.

“I have sworn an oath to uphold the law as it relates to this council.”

Councillor Glen Crowther wanted to know if the fines would be enforced. Photo / Alisha Evans

Councillor Glen Crowther wanted to find out from the director-general if she would enforce the fines.

In the June 2024 judicial review, her lawyer stated there was no indication Sarfati would take enforcement action on the fluoridation directives, he said.

Crowther wanted clarification about this from Safarti, and said if the fines would not be enforced the council could wait until the legal process around the Bill of Rights was complete.

“It’s still not following a legal directive, but the fact would remain that she has said she’s not going to enforce it, so to me that would count for quite a lot.”

Drysdale said he would be “happy to take that risk of being outside the law” if enforcement action would not be taken.

This was met with applause from the public gallery.

Councillor Hautapu Baker said it was not about the fines, but whether the council was acting lawfully.

“Our role as good governors is to ensure that we are upholding the law to the best of our ability.”

The vote to fluoridate was split with six in favour and three against.

How they voted:

For: Jen Scoular, Steve Morris, Rick Curach, Hautapu Baker, Rod Taylor, Kevin Schuler.

Against: Mahé Drysdale, Marten Rozeboom, Glen Crowther

Absent: Mikaere Sydney.

LDR is local body journalism co-funded by RNZ and NZ On Air.