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Released Public Excluded Documents 13 December 2023 |
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6.1 Fluoridation of Levin Water Treatment Plant
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MEDIA RELEASE - Horowhenua District Council pauses work on fluoridation – Friday 22 December 2023
Horowhenua District Council (HDC) has paused work on fluoridating the Levin and Ōhau town water supply while it awaits the outcome of a High Court hearing in February 2024.
On 27 July 2022, Horowhenua District Council received the mandate to fluoridate drinking water supplies in Levin by 31 July 2023, later extended to 30 April 2024. On 10 November 2023 a High Court judgement found that there should have been specific consideration of rights under the New Zealand Bill of Rights Act 1990 prior to the Director General of Health directing 14 Councils around New Zealand to fluoridate its water supply. The judgment was not about the public health merits of fluoridation and did not quash the directions to fluoridate drinking water. The Central Government direction still remains. Chief Executive Monique Davidson says, “We are in a difficult position. We have been directed by Central Government to continue working towards fluoridating Levin’s water supply, but there is also a High Court preliminary ruling that a national directive to fluoridate water was unlawful. There is another High Court hearing in February next year which we hope will provide more clarity. In the meantime, we are pausing work on the project.”.
There was robust debate in Council chambers during a Council Meeting on Wednesday 13 December 2023 regarding the fluoridation mandate, the preliminary High Court ruling and what the next steps should be. Councillors were divided about a way forward, and were unable to form a majority in providing direction to the Chief Executive. As a result, given there is currently a contract in place to deliver the work and central government direction remains in place, Chief Executive Monique Davidson has requested an extension from the Ministry of Health to push the deadline back until 30 June 2024. In the event that the direction remains in force,
the extension will allow time for the High Court decision, and any subsequent
guidance and action from that decision as well as sufficient time to complete
the fluoridation project. Following the initial
mandate, we investigated options on how to fluoridate the Levin town water
supply and sought proposals from four suppliers to fluoridate the Levin Water
Treatment Plant system. We’ve been working closely with the Ministry of Health on how we were progressing with the Levin Fluoride project, and have chosen a fluoridation system consisting of Hydrofluorosilicic Acid (HFA) at the Levin Water Treatment Plant should the mandate still stand. This includes reusing and modifying the existing hydrogen peroxide area for the HFA system, which is required by the Health Act 1956 to fluoridate Levin’s drinking water supply.
The Ministry of Health has approved in principle the
full funding of up to $1,037,308 for the implementation of fluoridation of
the Levin water supply. HDC has also applied for an operational cost of $40k
per year. Given the pause on the project, Officers are working with the Ministry
of Health to recover the costs to date. ENDS |
Confidentiality
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Reason: |
The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |
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Interests: |
s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. |
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Grounds: |
s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |
1. Purpose
1.1 To provide an update and request Council approval on a preferred option for moving forward with the implementation of the Fluoridation programme.
This report directly aligns with one of Council’s top 10 priorities "Get the basics right and support the customer focused delivery of core services"
2. Executive Summary
2.1 This report provides an update on the directive received from the Director-General of Health on 27 July 2022, under section 116E of the Health Act 1956 to fluoridate Levin’s drinking water supply. HDC has been directed that the Levin water supply must be fluoridated at the optimal levels by 29 April 2024.
2.2 No direction has been given from the new government or Manatū Hauora to pause or cease the fluoridation. The direction to fluoridate the Levin water supply is still active, however if the new government decides to pause or cease the fluoridation projects, then it is anticipated that all costs incurred will be reimbursed. This report provides two options for consideration by Council that provide different levels of risk to Council and the community.
3.1 That Report 23/941 Fluoridation of Levin Water Treatment Plant be received.
3.2 That this matter or decision is recognised as not significant in terms of S76 of the Local Government Act.
3.3 That Council approve Option 1 to continue with the implementation of the Fluoridation programme.
3.4 That Council agree to an operational hold point for officers to seek future direction from Elected Members prior to switching on the Fluoridation treatment.
3.5 That Council give the Chief Executive delegation to sign the funding agreement with the Ministry of Health up to the value of $1,037,308.
4. Background / Previous Council Decisions
4.1 The Ministry of Health identified Levin as one of the communities in New Zealand that would benefit from a fluoride residual in drinking water supply following a survey conducted in early 2022 across New Zealand.
4.2 Horowhenua District Council has five water supply schemes within the district which are currently non-fluoridated. The Director-General of Health provided a directive on 27 July 2022 to Horowhenua District Council, under section 116E of the Health Act 1956 to fluoridate Levin’s drinking water supply. Horowhenua District Council is one of 14 local authorities who have received directive from the Director-General of Health. Also, as per section 116I of the Act, Horowhenua District Council has been directed to ensure that by 29 April 2024, Levin’s water supply must be fluoridated at the optimal levels (between 0.7 ppm and to 1ppm, parts per million).
4.3 On 10 November 2023 the High Court judgement[1] found that there should have been specific consideration of rights under the New Zealand Bill of Rights Act 1990. It is important to understand that this decision did not quash the directions to fluoridate drinking water and this Central Government direction remains in force.
4.4 The Director-General directed 14 local authorities to fluoridate 19 drinking water supplies. The process error was made by not explicitly considering the rights under the New Zealand Bill of Rights Act 1990 in making a decision on each direction. The judgment is not about the public health merits of fluoridation or whether fluoridation can be justified under the New Zealand Bill of Rights Act 1990.
4.5 Manatū Hauora | Ministry of Health is considering the implications of the judgment and the Ministry will continue to support the 14 local authorities involved to implement the directions, including by providing funding for the capital works.
4.6 Manatū Hauora continues to support community water fluoridation as a safe, effective and affordable way of preventing tooth decay.
5. Discussion
Installation and Plan Update
5.1 Following the direction from the Director-General of Health in May 2023, Horowhenua District Council engaged with four prominent suppliers and sought proposals from them to fluoridate the Levin Water Treatment Plant system.
5.2 The procurement plan was submitted with Lutra/Filtec providing the design[2], supply, installation and commission of a fluoride storage and dosing system at the Levin WTP. The high-level outcome was to ensure Council achieved the successful implementation of the Fluoridation storage and dosing system. Fluoridation of the Levin water supply will reach approximately 22,000 of the Levin and Ohau community.
5.3 Council have elected to install a fluoridation system consisting of Hydrofluorosilicic Acid (HFA) at the Levin Water Treatment Plant. This includes reusing/modifying the existing hydrogen peroxide area for the HFA system and the following works is required:
· Relocate the existing Hydrogen Peroxide area approximately 8m south of its current location
o Construct a new concrete pad 5m by 3m;
o Construct a lean-to style roof over the concrete pad to cover the relocated Hydrogen Peroxide equipment; and
o Run new dose lines from the new area to the dosing point
· Modify the existing hydrogen peroxide area into a suitable and compliant HFA area
o Construct a chemical bund (shown in application drawing 11397-MEC-PE-400);
o Install a HFA bulk tank and day tank in the bund; and
o Install a HFA dosing cabinet
5.4 This installation complies with various relevant legislation, including the Health and Safety at Work Act (Hazardous Substances) Regulations 2017 and Worksafe Quick Guide for Storing Class 6 & 8 Hazardous Substances.
5.5 The HFA system elected by council is required in accordance with the Health Act 1956 to fluoridate Levin’s drinking water supply.
5.6 Works have started and are due to be completed by 31 March 2024 with the direction from Manatū Hauora to go live on Monday 29 April 2024.
Fig 1 –
Site Design (REDACTED)
5.7 On the 18th May 2023 Allen & Clarke New Zealand acting on behalf of the Manatū Hauora assessed HDC’s funding application and confirmed in writing [3]that our application had been approved in principle, based on the concept design and quotations submitted.
5.8 Manatū Hauora are committed to funding the capital works required to fluoridate the drinking water supplies. Following this approval in principle, Council is required to submit the detailed design and final quotations before a funding agreement between the Ministry and Horowhenua District Council can be finalised.
Current Status
5.9 Following the High Court decision Council sought clarification on the status of the impacts of the decision and our Fluoridation programme. Subsequently HDC Officers met with Allen & Clarke on Tuesday 28 November 2023, who informed the following:
i. No direction has been given from the new government or Manatū Hauora to pause or cease the fluoridation. The direction to fluoridate the Levin water supply is still active, however if the new government decides to pause or cease the fluoridation projects, then it is anticipated that all costs incurred will be reimbursed. At this stage Allen & Clarke has not received anything in writing from Manatū Hauora however have been informed to continue with the contract.
ii. The 100% design, contractor/internal costs and programme has been submitted to Allen & Clarke for approval.
iii. Allen & Clarke have requested a close-out peer review from Lutra. HDC is in contact with Lutra and we will cover this off by producing a technical memorandum that will be an addendum to the concept design report. This will be taken from a second Hazard and Operability Analysis (HAZOP) workshop.
iv. The contract between HDC and Manatū Hauora will be signed as soon as the Ministry engineer has reviewed all the information.
· Expected Timeframes include:
a) Lutra technical memorandum to Allen & Clarke by Monday 4 December 2023.
b) MoH engineer returning from holiday on Tuesday 5 December 2023 and will then continue with design review.
c) Design review completion due Monday 11 December 2023
d) Contract between Horowhenua District Council and MoH would then be signed after 11 December.
e) Agreement still in place once contract has been signed for MoH to provide upfront 60% of the funding followed by payment milestones.
v. Council Officers and working closely with the Ministry of Health on how we are progressing with the Levin Fluoride project. MOH have verbally confirmed it would be acceptable to provide an alternative tap to the community if the Council so wishes. This has been requested in writing. It was noted that Hastings will be fluoridating but will also have a fluoride-free supply point.
vi. Council Officers are currently investigating if this can be incorporated into the current design and to determine costs. The main things to consider are:
a. A connection upstream of the fluoride dosing point may not be simple, as need to ensure drinking water compliance and having the correct chlorine contact time.
b. Any additional costs in the design and installation of a fluoride-free supply point would be at Council’s cost and not the MoH.
vii. The water supplies at Tokomaru, Shannon, Foxton and Foxton Beach are still under MoH consideration/review for potential fluoridation.
5.10 Officers request direction from Council on the options available in moving forward with the Fluoridation Programme. Officers have identified two options below that provide different levels of risk to Council and the community.
6. Options
6.1 Option 1
Continue with the programmed works as per HDC programme plan and the existing direction provided by Manatū Hauora to meet the expected timeframes of the programme and the Ministry (29 April 2024).
This option is supported by the commitment of Manatū Hauora to continue with the mandated decision based on the High Court Judgement being aligned to concerns with process required to be used in deciding to issue a direction. The judgment is not about the public health merits of fluoridation or whether fluoridation can be justified under the New Zealand Bill of Rights Act 1990.
Commitment to this option will provide delegation to the Chief Executive to sign contracts for completion of physical works at the Levin Water Treatment plant.
A further resolution of Council could be passed under this option for an operational hold point to seek future direction from Elected Members prior to switching on the Fluoridation treatment. This additional decision of Council would need to be made prior to the Fluoridation Active Date of 29 April 2024 and allow scope to consider any further direction provided by new Government whilst contracted works are completed.
6.2 Option 2
Stop all works now and wait for the new Government to clarify their position or direction on the fluoridation programme. There are a number of risks associated with this approach including:
· Not meeting Manatū Hauora’s expected go live date of 29 April 2024
· Impacting any opportunity to secure agreed funding allocations for work done and works agreed.
· Significant increases to programme costs as engaged contractors seek reimbursement, or recent changes to pricing agreements through inflation etc.
6.3 Cost
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Option |
Cost |
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Option 1: Continue with programmed Fluoridation works to meet expected 29 April 2024 Manatū Hauora timeframe. Project funding to be recovered from Manatū Hauora. 60% upfront once contract signed. |
Est. project cost: $1,037,308 (Fully subsidised by MOH) |
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Option 2: Stop works and wait for new Government Direction. |
HDC costs incurred up to 30 September 2023: $111,039 |
The projected budget for the fluoridation project (HFA system) was approximately $766,074.94 (excl GST). HDC submitted the conceptual design and price estimation to Manatū Hauora for the approval of the project funding of up to $1,037,308 as per the table below. (REDACTED)
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6.3.1 Rate Impact
There will be no Rate impacts arising.
6.3.2 Community Wellbeing
Manatū Hauora continues to support community water fluoridation as a safe, effective and affordable way of preventing tooth decay.
6.3.3 Consenting Issues
There are no Consents required or consenting issues arising.
6.3.4 LTP Integration
There is budget allocated in 23/24 for the Levin Water Treatment Plant – Fluoridation upgrade in the 2021-2041 LTPA.
7. Consultation
7.1 There was no consultation required to be undertaken.
8. Legal Considerations
8.1 The Director-General of Health provided a directive on 27 July 2022 to Horowhenua District Council, under section 116E of the Health Act 1956 to fluoridate Levin’s drinking water supply. Horowhenua District Council is one of 14 local authorities who have received directive from the Director-General of Health.
9. Financial Considerations
9.1 Manatū Hauora have approved in principle the full funding of up to $1,037,308 for the implementation of fluoridation of the Levin water supply. HDC also applied for an operational cost of $40k per year.
10. Iwi Considerations
10.1 There are no Iwi considerations.
11. Climate Change Considerations
11.1 There is no Climate Change impact.
12. Environmental Considerations
12.1 There are no Environmental considerations.
13. Health & Safety Considerations
13.1 There is no Health & Safety impact.
14. Other Considerations
14.1 There are no other considerations.
15. Next Steps
15.1 If the recommendation to proceed is accepted, the contract between Horowhenua District Council and Manatū Hauora will be signed as soon as the Ministry engineer has reviewed all of the information.
o Expected Timeframes:
a) Lutra technical memorandum to Allen & Clarke by Monday 4 December 2023.
b) MoH engineer returning from holiday on Tuesday 5 December 2023 and will then continue with design review.
c) Design review completion due Monday 11 December 2023.
d) Contract between Horowhenua District Council and MoH would then be signed after 11 December.
e) Agreement still in place once contract has been signed for MoH to provide upfront 60% of the funding followed by payment milestones.
15.2 If the recommendation to proceed is not accepted, and Council provides direction to stop all works and waits for the new Government to clarify their position or direction on the fluoridation programme.
The following risks are associated with this approach:
· not meeting Manatū Hauora’s expected go live date of 29 April 2024
· Impacting any opportunity to secure agreed funding allocations for work done and works agreed.
· Significant increases to programme costs as engaged contractors seek reimbursement, or recent changes to pricing agreements through inflation etc.
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Confirmation of statutory compliance In accordance with section 76 of the Local Government Act 2002, this report is approved as: a. containing sufficient information about the options and their advantages and disadvantages, bearing in mind the significance of the decisions; and, b. is based on adequate knowledge about, and adequate consideration of, the views and preferences of affected and interested parties bearing in mind the significance of the decision. |
16. Attachments
There are no attachments for this report.
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Author(s) |
Chloe Marheine Executive Assistant |
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Rob Benefield Acting Operations and Risk Manager |
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Approved by |
Daniel Haigh Group Manager Community Infrastructure |
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Monique Davidson Chief Executive Officer |
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