Supplementary Order Paper No 38

Explanatory note

This Supplementary Order Paper amends the Health (Fluoridation of Drinking Water) Amendment Bill. Currently, the Bill confers on a district health board a power to direct a local authority drinking-water supplier to add or not to add fluoride to drinking water supplied from a drinking water supply—

  • owned by the local authority drinking-water supplier; and

  • from which drinking water is supplied to the district health board’s resident population.

This Supplementary Order Paper would instead confer a power on the Director-General of Health to direct a local authority to add or not to add fluoride to drinking water supplied through its local authority supply. (Local authority supply is defined as the infrastructure and processes that—

  • are used by a local government organisation to abstract, store, treat, transmit, or transport drinking water for supply to consumers; and

  • are controlled by a local authority.)

Amendments are proposed to the matters that the Director-General must take into account when considering whether the benefits of adding fluoride to the drinking water outweigh the financial costs. New section 116E(2)(b)(i) would require the Director-General to take into account the state or likely state of the oral health of a population group or community where the local authority supply is situated.

Consequential amendments are proposed for the purposes of internal consistency and for consistency with the Water Services Bill. That Bill would repeal Part 2A of the Health Act 1956. The relevant provisions of that Part are retained in a new Part 5A.

Departmental disclosure statement

The Ministry of Health is required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper. It provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.

Regulatory impact statement

The Ministry of Health produced a regulatory impact statement in May 2021 to help inform the new policy decisions taken by the Government relating to the contents of this SOP.

The Honourable Dr Ayesha Verrall, in Committee, to propose the amendments shown in the following document.