The council reaffirmed its defiance of the government’s fluoridation order on Monday, despite mounting costs, legal threats and a bitterly divided chamber.
Whangārei District Council (WDC) spent Monday afternoon in what may be one of the most chaotic and heated council meetings in recent memory. After months of defiance against Ministry of Health orders to fluoridate the district’s water supply, councillors gathered to consider their legal standing and whether to halt proceedings against the Crown.
The result? More division, a mayor fighting off accusations of predetermination, and councillors throwing around accusations of “governmental rape”.
Last year, councillors voted not to proceed with fluoridating the council’s water supply, in defiance of an order from outgoing director-general of health Ashley Bloomfield in 2022.
With a High Court hearing of the council’s request for an injunction (which would put any Ministry of Health action on hold) scheduled for today (Tuesday, March 18), the council ultimately reaffirmed its decision to push forward with legal action against the ministry, despite mounting costs and no budget allocated for Crown lawyer fees. Fluoride, purchased last week in anticipation of the meeting’s outcome, will sit in storage for now.
2pm: A meeting that almost wasn’t
Before councillors could get to the matter at hand, they had to untangle the mess left by their previous attempt to discuss fluoridation. A scheduled meeting last week was blocked when seven councillors refused to allow it to be held behind closed doors. That meant Monday’s meeting was the first opportunity for public scrutiny of the council’s ongoing defiance of the Ministry of Health.
The mood was tense, with mayor Vince Cocurullo reminding attendees to keep applause and outbursts to a minimum. Signs were permitted as a silent show of support or opposition, a small concession to the crowd of fluoride opponents who filled the room.
2.10pm: The fluoride wars continue
Councillor Gavin Benney – backed by New Zealand First, vocal opponents of the mandating of fluoridation – opened proceedings by introducing a motion that would allow the council to comply with the ministry’s directive while still continuing the legal challenge. It was a strategic move aimed at avoiding personal liability for councillors while preserving their right to fight fluoridation in court.
But the meeting quickly descended into a procedural minefield as councillor Paul Yovich attempted to add an amendment that would immediately halt all legal proceedings and their associated costs. This was ruled a “direct negative” – meaning it contradicted the main motion entirely – and therefore couldn’t be included. An attempt to reword the amendment to make it legally viable also failed.
By this point, tensions were high. Councillor Marie Olsen was visibly frustrated, urging the council to stop debating and get on with the vote. Others, however, wanted to push back. Councillor Simon Reid warned that compliance with the Ministry of Health directive would make councillors “complicit in governmental rape”.
2.45pm: The cost of defiance
Throughout the meeting, the financial and legal implications of the council’s ongoing resistance was a recurring theme. The council has already spent $93,466 (excluding GST) on legal fees, and there is no budget allocated for the costs of the Crown’s legal team if WDC loses in court.
On top of that, the council risks losing $4.5m in government funding for fluoridation infrastructure. Staff also revealed that an estimated 915 hours of work — equivalent to 122 working days – had already been spent on this issue.
Despite these concerns, the legal challenge remains in place. Deputy mayor Phil Halse suggested that legal costs could be covered from the council’s $76m water reserves fund, but no formal allocation has been made.
3pm: The mayor under fire
Amid the legal and financial debates, a side controversy emerged: accusations of predetermination against mayor Vince Cocurullo. In previous meetings, Cocurullo had stated, “I would go to jail to stop the fluoridation of water.” This led to questions about whether he should have been allowed to vote on Monday’s motion at all.
The council’s legal team, however, ruled that the mayor’s previous statements did not legally prevent him from participating in the decision-making process. “Matters such as this, where they are of an administrative nature, allow elected members to express strong views and vote accordingly,” the lawyer advised.
3.20pm: The final vote
After 1 hour and 22 minutes of debate, the council finally voted on the original motion to comply with the fluoridation directive only until the court ruled otherwise. The amendment to drop legal proceedings was defeated 7-6, with Cocurullo using his casting vote to break the tie. The final motion was then passed, meaning WDC will begin fluoridation preparations – but will stop if interim relief is granted in court.
The meeting concluded with Benney declaring that “the hard work has been done” and urging his colleagues to stay the course in fighting against the Ministry of Health.
With the High Court hearing today, the council’s legal battle is far from over. The fate of fluoridation in Whangārei now rests in the hands of the judiciary – but whatever the outcome, this saga is unlikely to end quietly.
This is Public Interest Journalism funded by NZ On Air.