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Voronwë_the_Faithful
Tol Eressea
Oct 29 2010, 6:31am
Views: 320
Shortcut
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I must say, that as a lawyer, I am quite uneasy about this bill. My concern is this. In my experience, there are a number of factors that are considered in determining whether a worker is an employee or an independent contractor. Among those factors are, of course, how the parties define the relationship, and what the standard practice for workers in the industry is. But by far the most important factor is the degree of control that the employer has over the worker. In many circumstances, if an employer sets standard hours that the worker must do her work, requires that the work be done on site, requires that the worker use its equipment rather than her own equipment, and has the right to determine exactly how the worker has to perform his tasks, the worker is determined to be an employee, even if the parties define the relationship as a contractor relationship, particularly if the person is hired for an indefinite period or a very extended definite period, and the worker works exclusively for that employer. From the little that I have seen, it appears that the general law normally is not that different from that in New Zealand. What this new law does is set up a situation where workers in this one industry must be defined as contractors no matter how many factors weigh in favor of them being employees, unless the parties specifically agree to define the worker as employees. I think that is too rigid without any provision built in to allow for exceptions. I am also concerned -- as Gandalf's Mother previously posted as well -- that the thing is being rushed through so quickly that it is not allowing a regulatory impact statement to be prepared. I fear this law will cause more problems then it will solve.
'But very bright were the stars upon the margin of the world, when at times the clouds about the West were drawn aside.' www.arda-reconstructed.com
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Subject
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User
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Time
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NZ Parliament TV live
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cameragod
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Oct 28 2010, 2:24am
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Thanks for the link, cameragod! //
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Richie Rich
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Oct 28 2010, 2:25am
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Listening now//
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Owain
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Oct 28 2010, 2:31am
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So this is what we're reduced to,
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Ataahua
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Oct 28 2010, 2:44am
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Glug! ;-) //
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Altaira
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Oct 28 2010, 3:02am
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Wow... they are using Avatar as an analogy to argue... the meeting needs to end.//
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Owain
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Oct 28 2010, 8:20am
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Loving it!
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Gildor
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Oct 28 2010, 2:46am
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Wow
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duats
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Oct 28 2010, 2:48am
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It's Live!
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Gildor
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Oct 28 2010, 2:48am
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Greens!
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Gildor
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Oct 28 2010, 2:53am
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It's fascinating listening to another sovereign government debate.
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Owain
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Oct 28 2010, 3:04am
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WOW!!!
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Aragorn the Elfstone
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Oct 28 2010, 3:06am
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A representative just said that the "documentaries" that will go on the dvds...
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Owain
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Oct 28 2010, 3:08am
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Brinkmanship... yeah I had to look it up.
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Owain
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Oct 28 2010, 3:42am
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Um...
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duats
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Oct 28 2010, 3:56am
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No... the amendment was denied... the motion was passed.
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Owain
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Oct 28 2010, 3:58am
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Could you explain that to me?
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duats
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Oct 28 2010, 4:00am
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As I understand it thus far... many were calling for amendments to the proposed bill.
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Owain
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Oct 28 2010, 4:01am
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Okay
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duats
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Oct 28 2010, 4:05am
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That's based on what I've heard so far...
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Owain
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Oct 28 2010, 4:07am
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I think it takes three readings before a Bill passes into law.
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Ataahua
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Oct 28 2010, 4:17am
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Good to know! So they passed it under the first reading?
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Owain
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Oct 28 2010, 4:19am
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This is great
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duats
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Oct 28 2010, 4:21am
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Entertaining to be sure...
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Aragorn the Elfstone
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Oct 28 2010, 4:27am
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She just called Simon Whipp a "chappie".
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Owain
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Oct 28 2010, 4:40am
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They are STILL goin' at it? //
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Richie Rich
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Oct 28 2010, 4:41am
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Oh yes... apparently... there are 3 rounds/readings. We are on round/reading 2.//
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Owain
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Oct 28 2010, 4:42am
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Jeez...
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Richie Rich
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Oct 28 2010, 4:44am
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Here is a rundown of how a bill becomes law in New Zealand.
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Owain
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Oct 28 2010, 4:46am
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I'll be sure to add that to my list of "fun things to read", Owain! //
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Richie Rich
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Oct 28 2010, 4:50am
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Quite informative to the current debate.//
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Owain
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Oct 28 2010, 4:58am
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I presume
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Ataahua
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Oct 28 2010, 4:56am
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But what if they have to pee!?
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Richie Rich
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Oct 28 2010, 4:57am
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I believe you presume correctly... which is why the opposition seems....
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Owain
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Oct 28 2010, 4:58am
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One of the parties just called a party a scab... ouch.
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Owain
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Oct 28 2010, 5:00am
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Maybe Helen Kelly could help them with that, tehehe //
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Richie Rich
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Oct 28 2010, 5:01am
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And the speaker recommended they eat something... they are breaking for an hour and a half.
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Owain
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Oct 28 2010, 5:01am
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Hook me up, mate
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Richie Rich
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Oct 28 2010, 5:03am
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Have some nachos, Richie.
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Owain
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Oct 28 2010, 5:24am
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Okay, so I don't know what's up with that cheese, but...
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Richie Rich
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Oct 28 2010, 5:27am
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LOL! I know right? It looks like it's oozing radiation...
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Owain
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Oct 28 2010, 5:29am
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Motion passed for second reading
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duats
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Oct 28 2010, 6:58am
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Sweet!!!//
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Owain
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Oct 28 2010, 7:18am
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I wonder how many times the word Hobbit has been spoken in parliment today.//
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Owain
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Oct 28 2010, 7:22am
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That's hilarious...
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Aragorn the Elfstone
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Oct 28 2010, 5:03am
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C'mon... bring on the Royal Ascent.//
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Owain
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Oct 28 2010, 8:03am
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Haha! This guy just said another party member was mad because he didn't get ...
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Owain
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Oct 28 2010, 8:12am
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Good debate, but .......
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mulubinba
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Oct 28 2010, 8:20am
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They are voting...
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Owain
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Oct 28 2010, 8:22am
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Voting....
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mulubinba
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Oct 28 2010, 8:24am
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Days and dates, days and dates... oh god... they are using Avatar to prove their point again.//
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Owain
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Oct 28 2010, 8:25am
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They just voted that
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Silverlode
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Oct 28 2010, 8:26am
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We are in the 3rd Reading right?//
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Owain
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Oct 28 2010, 8:27am
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Yes, 3rd reading.
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Silverlode
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Oct 28 2010, 8:31am
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Not complaining... find it all rather amusing.
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Owain
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Oct 28 2010, 8:32am
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Wow... this one politician is reminiscing about a bit part he had in the 70s...
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Owain
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Oct 28 2010, 8:33am
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Fictitious protest!!!
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mulubinba
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Oct 28 2010, 8:38am
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Wow... they are recommending people to act about the film that will result from...
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Owain
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Oct 28 2010, 8:43am
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I love NZ politics. This sounds wonderful. //
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Ainu Laire
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Oct 28 2010, 9:05am
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They really liked Avatar!//
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Owain
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Oct 28 2010, 8:28am
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He's reading a passage from The Hobbit.
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Owain
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Oct 28 2010, 8:29am
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That is so geeky.
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dernwyn
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Oct 28 2010, 10:16am
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I will second that!
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Kangi Ska
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Oct 28 2010, 10:39am
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Aye! //
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dernwyn
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Oct 28 2010, 1:54pm
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Is a copy of the legislation publicly available?
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Gandalf'sMother
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Oct 28 2010, 4:26pm
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Yes, this is it
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Eledhwen
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Oct 28 2010, 8:43pm
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Aye, //
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macfalk
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Oct 28 2010, 6:37pm
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Aye!
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Owain
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Oct 28 2010, 7:16pm
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AYE!!! //
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Peredhil lover
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Oct 29 2010, 6:53am
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So...
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Gandalf'sMother
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Oct 28 2010, 7:24pm
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Just because you think
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Flagg
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Oct 28 2010, 7:52pm
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Flagg, you make me smile. //
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Richie Rich
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Oct 28 2010, 7:53pm
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With no disrespect to our Kiwi members
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duats
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Oct 28 2010, 8:00pm
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There was a great Tom Scott cartoon
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Ataahua
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Oct 28 2010, 8:31pm
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Apocalypse?
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Gildor
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Oct 29 2010, 2:21am
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At this point,
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SirDennisC
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Oct 29 2010, 4:45am
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And...
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Gildor
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Oct 29 2010, 4:55am
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Not aspersions
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Gildor
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Oct 29 2010, 5:09am
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Yes, at times,
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SirDennisC
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Oct 29 2010, 5:19am
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Out of curioisty: why are they not posting?
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Gandalf'sMother
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Oct 29 2010, 6:02am
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Just to clarify
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Altaira
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Oct 29 2010, 3:49pm
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Most of your posts clearly show bias too.
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Flagg
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Oct 29 2010, 10:37am
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and now
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Gildor
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Oct 28 2010, 4:01am
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This is very entertaining.
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Elentari03
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Oct 28 2010, 4:46am
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Here is the Bill.
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Moahunter
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Oct 28 2010, 4:49am
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Interesting part of the bill (which is simply the amendment of a previous law)
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Gandalf'sMother
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Oct 28 2010, 7:30pm
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No, not really
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Tim
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Oct 28 2010, 8:06pm
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I'm puzzled.
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Moahunter
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Oct 28 2010, 8:37pm
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Not really
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Eledhwen
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Oct 28 2010, 8:39pm
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Exactly
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shadowdog
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Oct 28 2010, 8:49pm
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Does anyone know if these debates are being archived...
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Owain
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Oct 28 2010, 7:48am
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This is why I don't get involved in politics
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duats
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Oct 28 2010, 7:49am
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I think what it reveals is that while the truth sets us free...
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Owain
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Oct 28 2010, 7:52am
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Perspective
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Gildor
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Oct 29 2010, 2:25am
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It makes me think of this quote
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Silverlode
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Oct 28 2010, 8:02am
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Wow... one of the representatives just said she thinks of herself as an elf.//
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Owain
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Oct 28 2010, 7:59am
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I really hope they use this for the dvd. Priceless stuff.//
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Owain
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Oct 28 2010, 8:00am
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The Hobbit in Parliament part 2
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cameragod
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Oct 28 2010, 7:52pm
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LOL! //
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Tim
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Oct 28 2010, 8:13pm
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It does me joy to know that politicians all around the world are ridiculous. *snifff* //
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Ainu Laire
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Oct 28 2010, 8:22pm
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Voting again.//
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Owain
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Oct 28 2010, 9:26pm
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Keep us posted, bud! //
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Richie Rich
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Oct 28 2010, 9:28pm
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Still moving through the amendments to the amendment.//
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Owain
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Oct 28 2010, 9:29pm
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Ooooh... Party member is all hot and bothered about the drafting of the bill.//
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Owain
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Oct 28 2010, 9:30pm
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Mmmm they're getting out the measuring sticks now.
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Owain
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Oct 28 2010, 9:32pm
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Sheesh....kids these days! //
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Richie Rich
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Oct 28 2010, 9:37pm
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Interesting
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Tim
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Oct 28 2010, 9:49pm
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*lol*
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Peredhil lover
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Oct 29 2010, 6:55am
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It passed. //
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Aragorn the Elfstone
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Oct 29 2010, 12:23am
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I thought it had as well... but why are they coming back in again after lunch?//
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Owain
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Oct 29 2010, 12:23am
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Maybe...
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Aragorn the Elfstone
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Oct 29 2010, 12:27am
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Got it. Thanks!//
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Owain
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Oct 29 2010, 12:28am
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Ah yes it did! A link from TVNZ
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Owain
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Oct 29 2010, 12:27am
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Good, I looked it over
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Tim
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Oct 29 2010, 12:29am
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Maybe you're not reading closely enough
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Gildor
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Oct 29 2010, 2:36am
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Look I'm no lawyer
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Tim
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Oct 29 2010, 2:50am
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I feel...
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Aragorn the Elfstone
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Oct 29 2010, 3:04am
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If it makes you feel any better
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Tim
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Oct 29 2010, 3:07am
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My concerns
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Voronwë_the_Faithful
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Oct 29 2010, 6:31am
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Thanks
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Gildor
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Oct 29 2010, 3:17pm
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Thank you, Voronwe
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Gandalf'sMother
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Oct 29 2010, 3:33pm
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My thoughts
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Rosie-with-the-ribbons
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Oct 29 2010, 8:03pm
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Ok
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cameragod
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Oct 29 2010, 8:36pm
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In a limited market you have limited choices
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Gildor
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Oct 30 2010, 2:42am
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Being a contractor
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cameragod
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Oct 29 2010, 7:23pm
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Well said (as usual) but I disagree to some extent
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Altaira
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Oct 30 2010, 6:08pm
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I'm sorry, but it's simply not true that in the U.S. having a written contract guarantees that says that a person is an independent contractor is one
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Voronwë_the_Faithful
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Oct 30 2010, 7:19pm
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And really, that is a key issue when it comes to actors:
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SirDennisC
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Oct 30 2010, 8:23pm
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**Off-topic, slightly heated sub-thread removed** and an announcement inside
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Altaira
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Oct 31 2010, 12:03am
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Thank you, Voronwe
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Gandalf'sMother
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Nov 3 2010, 7:20am
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I think you're right about party lines voting
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Eledhwen
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Oct 29 2010, 7:05am
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