Health Act 1956

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for changing or keeping fluoride in drinking water"

You are looking at a part of the Health Act 1956 called the Transitional, savings, and related provisions. This part is empowered by section 2A. It has rules about adding fluoride to drinking water.

If a local authority already adds fluoride to drinking water, they must keep doing it unless the Director-General tells them to stop. If they do not follow this rule, they can get in trouble and have to pay a penalty, similar to if they broke section 116I. The rules for this penalty are the same as those for section 116J, which are explained in Subpart 2 of Part 5A.

You can also find rules about what happens if a local authority does not add fluoride to drinking water. If they have never been told to add fluoride or not to add fluoride, they can choose to add it if they want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS630088.


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1AATransitional, savings, and related provisions Empowered by s 2A

1Provisions relating to Health (Fluoridation of Drinking Water) Amendment Act 2021

1Local authority must continue to add fluoride to drinking water

  1. This clause applies to a local authority that, before this clause commences, adds fluoride to drinking water supplied through its local authority supply.

  2. The local authority must continue to add fluoride to the water unless directed not to by the Director-General.

  3. A local authority that contravenes or permits the contravention of subclause (2) commits an offence and is liable to the same penalty as if it had contravened or permitted the contravention of section 116I.

  4. Subpart 2 of Part 5A applies to an offence against subclause (3) as if it were an offence against section 116J.

Notes
  • Schedule 1AA clause 1: inserted, on , by section 6 of the Health (Fluoridation of Drinking Water) Amendment Act 2021 (2021 No 44).

2Local authority may add fluoride to drinking water in absence of direction

  1. This clause applies to a local authority that,—

  2. before this clause commences, does not add fluoride to drinking water supplied through its local authority supply; and
    1. has never received a direction to add fluoride or not to add fluoride to drinking water supplied through its local authority supply.
      1. The local authority may, at its discretion, add fluoride to drinking water supplied through its local authority supply.

      Notes
      • Schedule 1AA clause 2: inserted, on , by section 6 of the Health (Fluoridation of Drinking Water) Amendment Act 2021 (2021 No 44).