Search engine for discovering works of Art, research articles, and books related to Art and Culture
Javascript must be enabled to continue!
A decay of rights: The decision in New Health New Zealand Inc v South Taranaki District Council
View through CrossRef
<p>The decision in New Health New Zealand Inc v South Taranaki District Council is the most recent legal development in the New Zealand debate about fluoridation of public water supplies. That decision centred on the interpretation of section 11 of the New Zealand Bill of Rights Act, the right to refuse medical treatment. The Court held that the fluoridation in question was legal, and reached a limited definition of medical treatment that did not encompass fluoridation. This paper analyses the reasoning leading to that interpretation, concluding that the decision is problematic and that the definition of s 11 needs to be remedied. The use of the wording of s 11 to limit the definition of medical treatment was inappropriate, as was the policy reasoning used to support that limitation. The structure of reasoning followed exacerbated these issues and adhered too closely to the reasoning in United States cases. Furthermore, the application of a de minimis threshold was conducted without adequate scrutiny, and such a threshold should not be applied to s 11.</p>
Title: A decay of rights: The decision in New Health New Zealand Inc v South Taranaki District Council
Description:
<p>The decision in New Health New Zealand Inc v South Taranaki District Council is the most recent legal development in the New Zealand debate about fluoridation of public water supplies.
That decision centred on the interpretation of section 11 of the New Zealand Bill of Rights Act, the right to refuse medical treatment.
The Court held that the fluoridation in question was legal, and reached a limited definition of medical treatment that did not encompass fluoridation.
This paper analyses the reasoning leading to that interpretation, concluding that the decision is problematic and that the definition of s 11 needs to be remedied.
The use of the wording of s 11 to limit the definition of medical treatment was inappropriate, as was the policy reasoning used to support that limitation.
The structure of reasoning followed exacerbated these issues and adhered too closely to the reasoning in United States cases.
Furthermore, the application of a de minimis threshold was conducted without adequate scrutiny, and such a threshold should not be applied to s 11.
</p>.
Related Results
Mā te kimi ka kite, mā te kite ka mōhio, mā te mōhio ka mārama
Mā te kimi ka kite, mā te kite ka mōhio, mā te mōhio ka mārama
<p><b>Over the past 200-years, urbanisation has shaped how society resides in Aotearoa; particularly, where Indigenous Māori dwell. Concerning the west coast of Aotearo...
On the Status of Rights
On the Status of Rights
Photo by Patrick Tomasso on Unsplash
ABSTRACT
In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. ...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash
Abstract
This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
Bioethics-CSR Divide
Bioethics-CSR Divide
Photo by Sean Pollock on Unsplash
ABSTRACT
Bioethics and Corporate Social Responsibility (CSR) were born out of similar concerns, such as the reaction to scandal and the restraint ...
Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland); Reference by Court of Appeal in Northern Ireland Pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland)
Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland); Reference by Court of Appeal in Northern Ireland Pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland)
531Human rights — Rights of women in Northern Ireland — Pregnant women and girls — Autonomy and bodily integrity — Right to respect for private and family life — Rights of persons ...
Living Memory and the Travelling Mountain Narrative of Taranaki
Living Memory and the Travelling Mountain Narrative of Taranaki
<p>The Travelling Mountain Narrative is the origin myth of Taranaki maunga and the foundation on which Taranaki tribal tradition and identity is constructed. The story patter...
Evaluation of decay times in coupled spaces: Bayesian decay model selection
Evaluation of decay times in coupled spaces: Bayesian decay model selection
This paper applies Bayesian probability theory to determination of the decay times in coupled spaces. A previous paper [N. Xiang and P. M. Goggans, J. Acoust. Soc. Am. 110, 1415–14...
Mindy Calling: Size, Beauty, Race in The Mindy Project
Mindy Calling: Size, Beauty, Race in The Mindy Project
When characters in the Fox Television sitcom The Mindy Project call Mindy Lahiri fat, Mindy sees it as a case of misidentification. She reminds the character that she is a “petite ...