116EDirector-General may direct local authority to add or not to add fluoride to drinking water

1. The Director-General may direct a local authority to add or not to add fluoride to drinking water supplied through its local authority supply.

2. The Director-General must seek and consider advice from the Director of Public Health on the matters in subsection (3)(a) and (b)(i) before deciding whether to make a direction.

3. Before making a direction, the Director-General must consider—

4. scientific evidence on the effectiveness of adding fluoride to drinking water in reducing the prevalence and severity of dental decay; and
5. whether the benefits of adding fluoride to the drinking water outweigh the financial costs, taking into account—
   1. the state or likely state of the oral health of a population group or community where the local authority supply is situated; and
   2. the number of people who are reasonably likely to receive drinking water from the local authority supply; and
   3. the likely financial cost and savings of adding fluoride to the drinking water, including any additional financial costs of ongoing management and monitoring.

6. For the purpose of subsection (3)(b)(i), the Director-General may take into account any evidence that the Director-General considers relevant.

7. As soon as practicable after making a direction, the Director-General must publish the direction and the reasons for the decision to make the direction on the Ministry of Health’s Internet site.

Notes

• Section 116E: inserted, on 13 December 2021, by section 5 of the Health (Fluoridation of Drinking Water) Amendment Act 2021 (2021 No 44).