This paper begins with a discussion of the history of negligent manslaughter in New Zealand and its development from the standard of ordinary negligence to the current test of a “major departure” from the expected standard of care, as set out under s 150A of the Crimes Act 1961. The paper then examines failings in s 150A’s current application, arguing that the “major departure” test has created injustices due to its strictly objective nature. Two examples of this are discussed in-depth, Bawa-Garba v R (UK) where a doctor was convicted of grossly negligent manslaughter for the death of her patient; and the decision not to prosecute the negligent engineers of the CTV building which collapsed in the Christchurch earthquake of 2011. The paper discusses three potential resolutions moving forward. It concludes that a more subjective interpretation of the wording of s 150A, which takes account of circumstances excusing or condemning a defendant’s conduct, would prevent future injustices and be a reasonably open interpretation on the wording of s 150A.
<b>New Zealand has experienced several strong earthquakes in its history. While an earthquake cannot be prevented from occurring, planning can reduce its consequences when it does occur. This dissertation research examines various aspects of disaster risk management policy in Aotearoa New Zealand.</b>
Chapter 2 develops a method to rank and prioritise high-rise buildings for seismic retrofitting in Wellington, the earthquake-prone capital city of New Zealand. These buildings pose risks to Wellington’s long-term seismic resilience that are of clear concern to current and future policymakers. The prioritization strategy we propose, based on multi-criteria decision analysis (MCDA) methods, considers a variety of data on each building, including not only its structural characteristics, but also its location, its economic value to the city, and its social importance to the community around it. The study demonstrates how different measures, within four general criteria – life safety, geo-spatial location of the building, its economic role, and its socio-cultural role – can be operationalized into a viable framework for determining retrofitting/demolition policy priorities.
Chapter 3 and chapter 4 analyse the Residential Red Zone (RRR) program that was implemented in Christchurch after the 2011 earthquake. In the program, approximately 8,000 homeowners were told that their homes were no longer permittable, and they were bought by the government (through the Canterbury Earthquake Recovery Authority).
Chapter 3 examines the subjective wellbeing of the RRR residents (around 16000 people) after they were forced to move. We consider three indicators of subjective wellbeing: quality of life, stress, and emotional wellbeing. We found that demographic factors, health conditions, and the type of government compensation the residents accepted, were all significant determinants of the wellbeing of the Red Zone residents. More social relations, better financial circumstances, and the perception of better government communication were also all associated positively with a higher quality of life, less stress, and higher emotional wellbeing.
Chapter 4 concentrates on the impact of this managed retreat program on RRR residents’ income. We use individual-level comprehensive, administrative, panel data from Canterbury, and difference in difference evaluation method to explore the effects of displacement on Red Zone residential residents. We found that compared to non-relocated neighbours, the displaced people experience a significant initial decrease in their wages and salaries, and their total income. The impacts vary with time spent in the Red Zone and when they moved away. Wages and salaries of those who were red-zoned and moved in 2011 were reduced by 8%, and 5.4% for those who moved in 2012. Females faced greater decreases in wages and salaries, and total income, than males. There were no discernible impacts of the relocation on people’s self-employment income.
For some people, religion, spirituality and faith (RSF) serves an important function, helping them deal with difficult everyday life challenges. This qualitative ethnographic study examines how and in what ways a group of Cantabrians engaged with RSF in dealing with diverse forms of significant trauma – from moments of crisis through to more extended processes of recovery. The research is located within the context of post-earthquake Christchurch, and is based on fieldwork undertaken in 2012–2013. It explores the experiences of respondents representing traditional Christian and non-orthodox, non-Christian faith paths. The thesis draws on data from participant stories to emphasise the subjective experience of RSF and trauma. It argues that in times of crisis, some people draw on RSF to help them address difficult life challenges. The study demonstrates the breadth, diversity and significance of such resourcing, as well as the sometimes surprising, unanticipated forms that this engagement with RSF may take. Contrary to theories that emphasise the marginalisation of religion during times of intense distress, the thesis shows that in varying moments of crisis, people for whom RSF is important, may draw on diverse forms of RSF as a matter of priority to help them.
We examine the role of business interruption insurance in business recovery following the Christchurch earthquake in 2011 in the short- and medium-term. In the short-term analysis, we ask whether insurance increases the likelihood of business survival in the aftermath of a disaster. We find only weak evidence that those firms that had incurred damage, but were covered by business interruption insurance, had higher likelihood of survival post-quake compared with those firms that did not have insurance. This absence of evidence may reflect the high degree of uncertainty in the months following the 2011 earthquake and the multiplicity of severe aftershocks. For the medium-term, our results show a more explicit role for insurance in the aftermath of a disaster. Firms with business interruption insurance have a higher probability of increasing productivity and improved performance following a catastrophe. Furthermore, our results show that those organisations that receive prompt and full payments of their claims have a better recovery, in terms of profitability and a subjective ‘”better off” measure’ than those that had protracted or inadequate claim payments (less than 80% of the claim paid within 2.5 years). Interestingly, the latter group does worse than those organisations that had damage but no insurance coverage. This analysis strongly indicates the importance not only of good insurance coverage, but of an insurance system that also delivers prompt claim payments. As a first paper attempting to empirically identify a causal effect of insurance on business recovery, we also emphasize some caveats to our analysis.
Located on the edge of two tectonic plates, New Zealand has numerous fault lines and seismic risk across the whole country. The way this risk is communicated affects whether people prepare effectively or at all. Research has shown that perceptions of risk are affected by slight changes in wording, and that probabilities commonly reported by experts and media are often interpreted subjectively based on context. In the context of volcanoes, research has found that given a certain probability of a volcano in a specific time window, people perceive risk as higher in later time intervals within that window. The present study examines this pattern with regard to earthquakes and aftershocks in the New Zealand context. Participants in both Wellington (N = 102) and Christchurch (N = 98) were presented an expert statement of earthquake risk within a given time window in Wellington and aftershock risk in Christchurch, and asked to rate their perception of risk in specific intervals across the time window. For a Wellington earthquake, participants perceived risk as incrementally higher toward the end of the 50 year time window whereas for a Christchurch aftershock, risk perception increased slightly for the first three intervals of the 12 month time window. Likelihood of preparing was constant over the time windows, with Wellington citizens rating themselves more likely than Christchurch citizens to prepare for either an earthquake or aftershock, irrespective of current level of preparedness. These findings suggest that people view earthquakes as more likely later toward the end of a given time window and that they view aftershocks very differently to scientific predictions.
