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hamilton v papakura district council

Postal address: Private Bag 92300 . Those Standards, which replaced the 1984 Standards, were developed by the Ministry of Health with the assistance of an expert committee; extensive use was made of the World Health Organisation's Guidelines for Drinking Water Quality 1993. And the duty asserted would be imposed similarly for the benefit of other specialist users of water such as kidney dialysis patients and brewers and would apply to water supply authorities throughout the country. Get 1 point on providing a valid sentiment to this known early sett ler.v Research completed by: Elinor Harris Sources of Information: Land Information New Zealand Records. 40 Elliot St, Papakura . Papakura Community Work Centre : Pt Lot 7 DP 33444 . Contains public sector information licensed under the Open Government Licence v3.0. Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. Waikato District Council office - 2 Dominion Road. Interact directly with CaseMine users looking for advocates in your area of specialization. 59. In other words, if it knew that the water was to be used for that purpose, Papakura had enough information to exercise its skill and judgment in respect of the quality of the water that it supplied to the Hamiltons. About Our District; Arts and Culture; To See and Do; Community Events; District Stats; Groups and Organisations; History; Living Here; Maps; Sport and Recreation; Our Services. Hamilton v Papakura District Council - [2002] 3 NZLR 308. The area of dispute can be further narrowed. Applying these tests, the House of Lords held, Lord Diplock dissenting, that feeding to mink was within the particular purpose of the use of the herring meal as an ingredient in animal feeding stuffs. 36. At this stage of the inquiry, the Hamiltons are to be assumed to have established that they had made known to Papakura that they wanted the water for the particular purpose of covered crop cultivation. The Court continued: 33. Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). As pleaded, Papakura had. V TA VKT = local roads. St Mary's Catholic Church. 48. The water would not have been supplied on the basis of such a particular term. Stephen Town. jobs in Franklin District, Waikato. Website for Auckland Council. Caring for your dog. North Island map; South Island map 25. Find at Auckland Council. Papakura Army camp (2) 1st Battalion of the Auckland Regiment Band (1) 1st Infantry Brigade Group (1) Administrative law (1) Aitken, D. J. Compliance by Watercare and Papakura with those well based and long established standards and procedures reinforces the conclusion which their Lordships have already reached that to place upon the water authority and supplier the proposed much higher duties of indeterminate extent would go far beyond what is just and reasonable in the circumstances. The argument resembles the contention advanced by the defendants in the Manchester Liners case. Get 1 point on adding a valid citation to this judgment. Benefits and money advice. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. Project Description: Geoconsult was engaged to provide ground investigations and geotechnical advice for the Central Papakura area over a number of stormwater catchments, the significant depths of weak … Papakura is a suburb of Auckland, and is under authority of the Auckland Council, in northern New Zealand. The appellants emphasise that only one percent of water is ingested by humans and question why the other 99% should not be subject to any standard. Sector City Council Contact. Gas - 66 George St; Five Star Dairy - 18 George S; Central Suprette; Whatawhata. Manurewa-Papakura Ward Daniel Newman, Councillor Manurewa-Papakura Ward The Manurewa-Takanini-Papakura Area Plan is a synthesis of excellent planning and place-making work led by Auckland Council in partnership with the Manurewa and Papakura local boards as well as other stakeholders. Managers. 17. Before confirming, please ensure that you have thoroughly read and verified the judgment. Prince Edward Park. Compliance with those Standards ensures safe and appropriate use for a wide range of purposes beyond human ingestion. The legislation in its offence provisions also gives some indication, if limited, of the quality of the water to be supplied. Papakura could not guarantee that elevated boron levels would not occur again in the future and it made it explicit that it did not make any warranty express or implied that water quality will be adequate for any particular use other than a general commitment to supplying water which meets the drinking water standards. Date: 13 November 1996 By: Moore, Kelvin Description: Papakura District Council hopes to acquire 17 hectares of the old Papakura Army camp. How do I set a reading intention. Secondly, the appellants contend that in para [57] (set out in para 14 above) the Court of Appeal wrongly rejected the claim on the basis that the Hamiltons had not communicated to Papakura even the broad purpose of horticultural use . 44. Public art, galleries and theatres, artists in residence, heritage preservation and trails, archives. Papakura District Council; Rodney District Council; Franklin District Council. That reading occurred in December 1994, near in time to the spraying in this case. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. $30.00: Court of Appeal Wellington 16, 17 August; 29 September 1999 Gault, McGechan and Paterson JJ. Mr Casey's third challenge is to the Court of Appeal's conclusion that there was no evidence of the Hamiltons reliance on the skill and judgment of Papakura. Hamilton v Papakura District Council [2002] UKPC 9, [2002] 3 NZLR 308 . The Hamiltons pleaded that Watercare brought onto its land in the catchment area a substance, namely hormonal herbicide, which if it escaped was likely to cause damage and that the herbicide did escape by entering the reservoir from which contaminated water was supplied to the Hamiltons. The consequence was the damage to the tomatoes. It is also obliged to manage its business efficiently with a view to maintaining prices for water and waste water services at the minimum level consistent with the effective conduct of that business and the maintenance of the long term integrity of its assets (s707ZZZS). Download councils' 2018-28 Long-Term Plan data. 2. The buyer in Ashington Piggeries selected the seller; and the particular purpose (that the food was to be used for feeding mink) was communicated to the seller as was the fact that the expertise of the compounders was to be relied on not to provide food which was toxic to mink. If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. 23. For a court to impose such a duty would be to impose a requirement on water suppliers which goes far beyond the duty met in practice by those authorities supplying bulk water, a duty which has long been founded on the Drinking Water Standards, standards drawn from World Health Organisation guidelines and from other international material and established through extensive consultation. So far as the latter is concerned, there was no evidence from the neighbouring district of Manukau, as well as from Papakura, that warnings had been given on the basis of available knowledge. Brown v Hamilton District Council: HL 25 Nov 1982 The pursuer sought a declaration that he was a homeless person and therefore entitled to assistance. 55. Solicitor-General v Newsroom NZ Limited [2020] NZHC 3441 Financial Markets Authority v PTT limited (In liquidation) [2020] NZHC 3410 K (CA106/2020) v R [2020] NZCA 656 The claim in nuisance and in Rylands v Fletcher was against Watercare alone. They now appeal to Her Majesty in Council. Bus travel between Tuakau, Pukekohe and Papakura in Auckland is provided by Auckland Transport (look for 'South' and 'Pukekohe' on their 'timetables' page). 32. * Enter a valid Journal (must The Hamiltons must also satisfy the second precondition of a claim under section 16(a). Papakura District er eit av sju lokale distrikt i regionen Auckland på New Zealand.Det ligg nær den sørlegaste delen av Auckland City, og utgjer delar av områda som uformelt vert kalla South Auckland og East Auckland (Sør- og Aust-Auckland).. Moreover, the defendants came into court asserting that they had supplied Welsh coal of suitable quality. The Hamiltons must also show that Papakura knew of their reliance. If you would like to make a request, compliment or complaint, click here. It is, of course, correct that, for the reasons given by the Court of Appeal, the Hamiltons claim can be distinguished from the counter-claim of Ashington Piggeries Ltd, the buyers, against Christopher Hill Ltd, the sellers, since it was of the very essence of the dispute in Ashington Piggeries that Ashington Piggeries had made it clear that the compound was wanted for only one purpose, as a feed for mink. Judgments | Published 10 September 2020. Papakura distributes its water to more than 38,000 people in its district. Papakura RSA. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. Full Time job location: Manawatu Manawatu area: Palmerston North Palmerston North classification: Government & Defence Government & Defence subClassification: Local Government Local Government. $30.00: Privy Council Wellington [2002] UKPC 9 28 February 2002 Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith. According to the statement of claim, Watercare had duties: 29. White v The Council of the City and District of St. Albans. Aitken, has been appointed commander of the 1st Infantry Brigade Group to be established at Papakura Camp next week. Hamilton Appellants. They claimed that this was a breach of the Sale of Goods Act [1908]. They are satisfied, if the reliance is a matter of reasonable inference to the seller and to the Court . Despite one particular passage in the speech of Lord Reid in Hardwick Game Farm ([1969] 2 AC 31, 81), as Lord Pearce noted in the same case, the trend of authority has inclined towards an assumption of reliance wherever the seller knows of the particular purpose ([1969] 2 AC 31, 115G H). By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Hamilton v Papakura District Council [2002] 3 NZLR 308. This evidence of an established pattern of problem-free trading between the parties is also the context within which the court should, if necessary, assess the possible attitude of Papakura to being asked to supply the Hamiltons with water suitable for covered crop cultivation. Council maps . At the time of the High Court hearing Watercare was working towards such accreditation for all its plants and it had achieved it for one of them. Save. The statutory requirement goes a step further. Auckland 1142. The essential point is that it would never have occurred to Papakura that the Hamiltons were relying on it to provide water of the quality for which they now contend. Finally, in its discussion of the cases, the Court mentioned the difficult issues which may arise where a broad purpose is specified and the goods are suitable for some uses within that purpose and not others. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Papakura Road District -Valuation Assessment 1-362, 1914 - 1921, BAAR A137 506 / b 1/122, Archives New Zealand, Auckland Property File, 30 Great South Road (Takanini), PT Lot 2 DP41239 Lot 1 DF5477130800/111, That water was sold to the Hamiltons by the Papakura District Council (Papakura). Business support and premises, trading and consumer standards. 9. At the other end of the spectrum are very small specialist water users, like kidney dialysis patients. That makes no commercial sense. The buyer is to make known to the seller its particular purpose so as to show that the buyer relies on the seller's skill and knowledge. The Court of Appeal stated its conclusion about the negligence causes for actions against both defendants in this way: 31. Project: Papakura Stormwater Upgrades (4 Catchments -Central Papakura) – Public Stormwater Client: Auckland Council Date: April 2010 – December 2011. According to the authorities, however, the proper question to ask in these circumstances is whether there was anything in the evidence to show that the Hamiltons were not relying on the skill and judgment of Papakura to supply water suitable for covered crop cultivation. Williams J in the High Court dismissed the Hamiltons claims and the Court of Appeal (Gault, McGechan and Paterson JJ) dismissed their appeal (Hamilton v Papakura District Council [2000] 1 NZLR 265). In our view the same approach has to be applied in this case. The submission is that that was wrong both in fact and in law as requiring express (rather than implied) communication. Because of their very different approach to the evidence we are unable to accept their conclusion that the Hamiltons would necessarily fail to establish the first precondition. The claim was based on s16(a) of the Sale of Goods Act 1908: 10. Next, to require that either Papakura or Watercare ensure that the town water supply had a zero level of triclopyr contamination would be unrealistic in this country with its agricultural based economy. The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. The majority have adopted this aspect of the reasoning of the Court of Appeal. Buying property . Their Lordships accordingly do not find it necessary to discuss other possible answers to this head of liability presented by Watercare or the issues about the relationship between liability in negligence, nuisance and Rylands v Fletcher considered in the House of Lords in Cambridge Water Company v Eastern Counties Leather Plc [1994] 2 AC 264, in the High Court of Australia in Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 and by two Judges of the New Zealand Court of Appeal in Autex Industries Ltd v Auckland City Council [2000] NZAR 324. Two of the criteria for the grading are that continuous quality monitoring is installed and that the treatment plant should be operated and managed by appropriately qualified personnel. Community and recreation. Citation. Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. Regional Council and Transit NZ costs are excluded. 3. The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × In practice, they operate their own treatment and monitoring procedures. The court must, however, consider all the relevant evidence. Displayed here are Job Ads that match your query. Get 2 points on providing a valid reason for the above Managers. Papakura is a suburb within the greater Papakura District, located in the southernmost part of the Auckland region. 50. That other 99% does of course remain subject to the Drinking Water Standards. 1. 46. 62. Local Government in NZ . Add to My Bookmarks Export citation. Stats NZ's release of the 2018 Local Authority Financial Statistics has been used to update the sector overview and council financial profile pages; A snapshot of the National Dog Database as at 31 May 2019 has been used to update the sector overview, the territorial authorities' dog control profile pages and the Dog Control Statistics download. Assembly Hall of Jehovah's Witnesses. We regret, however, that we are unable to agree with their opinion that the Hamiltons would not have a valid claim against Papakura under section 16(a) of the Sale of Goods Act 1908 if it were found that the damage to their tomatoes had probably been caused by triclopyr contamination. LORD JUSTICE NEILL: This is an appeal by Mr John Michael White from the order dated 10th April 1989 of His Honour Judge Lovegrove sitting as an additional judge of the Queen's Bench Division. Papakura District is a former local council territory in New Zealand's Auckland Region that was governed by the Papakura District Council from 1964 until 2000. Phil Goff. The Court of Appeal put the matter this way: 38. To set a reading intention, click through to any list item, and look for the panel on the left hand side: Project: Papakura Stormwater Upgrades (4 Catchments -Central Papakura) – Public Stormwater Client: Auckland Council Date: April 2010 – December 2011. 11. While in the present case the Hamiltons had not been carrying on their business and using Papakura's water supply for nearly such a long period as the rose growers in Bullock had been using the sawdust, they had been doing so for about five years, including about three years during which they had been growing cherry tomatoes. Hamilton v Papakura District Council [2002] UKPC 9, [2002] 3 NZLR 308 . The train trip would take a commuter travelling into Auckland central business district 2 hours and 20 minutes, swapping to Auckland Transport's electric rail at Papakura. The Court referred to its conclusion that the High Court was correct in deciding that the damage complained of was not reasonably foreseeable as required to establish liability in negligence. 67. Finally, the goods must be of a description which it is in the course of the seller's business to supply, whether he is the manufacturer or not. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. It is convenient to recall the requirements of s16(a) of the Sale of Goods Act and to relate them to the present facts: 16. For the current status of council services and closures - Learn more COVID-19 Alert Level 1 F4 . No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. Sentencing — burglary — theft of a motor vehicle — arson — supplying methamphetamine — Zhang v R [2019] NZCA 507. It is located on the shores of the Pahurehure Inlet, approximately 32 kilometres south of Auckland CBD. Education and learning. Corporate Information Team Leader Listed five days ago 5d ago at Horizons Regional Council. Wharf Street, Papakura . Hamilton v. Papakura District Council (2002), 295 N.R. Page 1 of 414 jobs. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. Information and contact details for Papakura District Court He went on to hold that, even had he found causation established, the Hamiltons could not succeed on the causes of action they pleaded. Powered by Web Genius. Judicial Committee of the Privy Council Little more need be said about them. (There was some question whether the 1984 rather than the 1995 Standards were applicable. Again this matter need not be taken further, in part because of the finding the Court of Appeal made in para [49] about Papakura's knowledge. 35. On that basis the Hamiltons would have established the first precondition. The Ministry of Health, as a surveillance agency over community drinking water supplies, undertakes a public health grading of all such supplies. The facts do not raise any wider issue of policy about s16. Cambridge Water Company v Eastern Counties Leather Plc. We should add that an inference of reliance based on the established use by the Hamiltons (and other growers) of Papakura's water supply may be all the easier to draw if, as appears to be the case, there is no evidence that the Hamiltons or other growers actually tested the purity of the water supplied by Papakura. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. The manager accepted that, if he became aware of users who believed the water was pure enough for their needs and had reason to believe that might not be so, he would feel obliged to advise them of the risk. It is not required by the Ministry to test for the presence of hormone herbicides and it takes seven to ten days to get test results back from those standard tests it does carry out. Hamilton and (2) M.P. Find the profile pages for any council in New Zealand. The defendants argued that the condition was negatived because the plaintiffs knew that the supplies of coal available to the defendants were limited and might indeed be confined to the cargo of coal carried on one particular vessel. 20. Bins, recycling and uplifts. It is sharply different from a standard case where, in negotiation with the seller, the buyer can choose one among a range of different products which the seller may be able to adjust to match the buyer's purpose. Gas Whatawhata - 1335 Horotiu Road, RD9 Hamilton. The Hamiltons did not have the necessary knowledge about the purity of Papakura's water supply or about the various factors which might affect it. 42. 69. at 314-320 and 325-332 As Mr Casey says, it can be no defence to a claim in negligence that the person inflicting the damage did not know the level of toxicity at which injury might result. Assuming then that the Hamiltons did impliedly make known to Papakura that they required the water for the purpose of covered crop cultivation, the next question is whether this amounted to making known the particular purpose for which the water was required. The factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. On this basis they held that Matthews had relied on Bullocks skill and judgment in the critical respect, namely, to supply sawdust which was not contaminated with a toxic substance harmful to plants. The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. Street address: 135 Albert Street. What you pay, how to pay, apply for a reduction and tell us about a change to your household. 41. These standards and processes are of course focused on risks to human health. The Hamiltons alleged that Papakura breached an implied term in its contract for the supply of water to them that the water supplied was suitable for horticultural use. Download Judgment: 2019-NZDC-26210_Auckland-Council-v-U-S-Chand-Investments-Ltd.pdf [201 KB] R v Greenhorn [2019] NZDC 25677. In the present case the Court of Appeal, while having regard to the established pattern of trading between the parties, do not appear to have considered what inferences could be drawn from it. Careers - Hamilton City Council job vacancies. In the present case, by contrast, there was in their view no evidence of any similar communication by the buyer to the seller of the particular purpose for which water was required nor of any reliance on the skill or judgment of the seller. 66. Environment However, the Court continued, that proposition did not avoid, indeed it emphasised the importance of, the statutory requirement that the particular purpose be made known by the buyer to the seller. 2 Ron Keat Drive, Papakura . Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. Judicial Committee of the Privy Council. To adapt a statement by Lord Wilberforce in Ashington Piggeries ([1972] AC 441 at 497), quoting Lord Morris of Borth-y-Gest, Papakura would not have undertaken the liability to meet the requirement that we want your water to grow our cherry tomatoes hydroponically but we want to buy only if you sell us water that will do . New Zealand. 3. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. Gas - 66 George St; Five Star Dairy - 18 George S; Central Suprette; Whatawhata. FROM. Page: Wood Chips NZ | Garden Mulch Hamilton | Garden Mulch Auckland - Last updated: 20th December, 2020 Site Map 37. There is a similar offence under the Health Act 1956 s60 and that Act also empowers Medical Officers of Health to require local authorities to cease to supply water for domestic purposes from sources which are dangerous to health (s62). 26. Apply for benefits, blue badge and help with money. Travel between Pukekohe, Tuakau and Hamilton is provided by Waikato Regional Council bus services - using the ‘Hamilton - Te Kauwhata - Meremere - Pukekohe’ route. Setting a reading intention helps you organise your reading. Date: 24 April 1965 Description: Lt. Col. D.J. The crops of other growers who used the same town water supply were, it was contended, similarly affected. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. In case of any confusion, feel free to reach out to us.Leave your message here. That letter was of course written after the current case arose but it does provide an instance of Papakura giving a warning when it knew that a particular water supply might be damaging to horticulture. Bullock concerned a claim under section 16(a) by Matthews Nurseries, a long-established firm of rose growers in Wanganui, who had for 35 years bought sawdust for use in their nursery from Bullocks sawmill. In itself, however, that evidence does not show that the Hamiltons were not relying, at least in part, on Papakura's skill and judgment to supply water that would not be positively harmful to their crops. Hamilton v Papakura District Council - [2000] 1 NZLR 265. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. 43. We agree with the advice of the majority set out in the opinion of Sir Kenneth Keith so far as it concerns the Hamiltons claims based on negligence, nuisance and Rylands v Fletcher (1868) LR 3 HL 330. Auckland 1010. Gas Whatawhata - 1335 Horotiu Road, RD9 Hamilton. District Plan: Papakura District Plan Heritage Values: The large Oakat the fro nt of the property at 30 Great South Road isestimated to be over 100 years old by arborists. They must prove that they had made known to Papakura their intention to use the water for covered crop cultivation 'so as to show that they relied on Papakura's skill or judgment. 40. It is an offence to pollute or cause to be polluted the water supply of any district or the watershed used for supplying water to any waterworks in such a manner as to make the water a danger to human health or offensive (s392). Massey Park. But, as we have noted, there appears to be no evidence that the Hamiltons or other growers had a system for filtering or treating the water supplied to them. The law imposes a standard of care employing the reasonable skill and knowledge of someone in the position of the defendants not an unattainable standard that guarantees against all harm and all circumstances . That water was sold to the Hamiltons by the Papakura District Council (Papakura), the first respondent, who obtained it from the second respondent, Watercare Services Limited (Watercare), the main bulk water supplier for the Auckland area which includes Papakura. Hambleton is a local government district of North Yorkshire, England. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 163 (PC) MLB headnote and full text. As the Court of Appeal says, the finding of such reliance is very fact dependent. Thissite was formerly known and listed asnumber 16 Great South Road.The land it stands on was originally part of Clendon's grant (a vast landholding) and appearsto have been used asfarm land for most of itsrecent history. 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Central Suprette ; Whatawhata 100ppb, the next, critical sentence and two paragraphs..., the Hamiltons that Drinking water supplies, undertakes a public Health grading of uses... That reading occurred in December 1994, near in time to the Court of Appeal. ) parts... Came into Court asserting that they made that purpose with water obtained from Watercare and it onsells that water sold. From your profile on CaseMine allows you to build your network with fellow and! About a change to your household the common law requirement is that it did not any longer contest requirement. Express ( rather than the 1995 Standards were applicable Food Market - 2 Road. See [ 2000 ] 1 NZLR 265 the town supply water received the critical of. Any reservoirs and has the water and for some years supplied the would! That you were one of the proposed duties to monitor and to warn and closures - Learn covid-19! 2 points on providing a valid sentiment to this Citation its works Peacocke! The same town water supply were, accordingly, held liable to Christopher Hill meal was be! Greenhorn [ 2019 ] NZDC 25677 for holding that section 16 ( a ) the claimants sought damages their! Helping keep indeed free for Job seekers at a time when coal supplies controlled... With 100ppb, the question of costs is reserved accordance with the water its.

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