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.
This topic was chosen in response to the devastation caused to Cathedral Square, Christchurch, New Zealand following earthquakes in 2010 and 2011. Working amongst the demolition bought to attention questions about how to re-conceive the square within the rebuilt city. In particular, it raised questions as to how a central square could be better integrated and experienced as a contemporary addition to Christchurch city. This thesis seeks to investigate the ways in which central squares can be better integrated with the contemporary city and how New Urbanist design principles can contribute toward this union. The research principally focuses on the physical and spatial integration of the square with the contemporary city. A drawing-based analysis of select precedent case studies helped to determine early on that overall integration of the contemporary square could be attributed to several interdependent criteria. The detailed studies are supplemented further with literature-based research that narrowed the criteria to five integrative properties. These are: identity, scale and proportion, use, connectivity and natural landscape. These were synthesised, in part, from the integrative New Urbanist movement and the emerging integrative side of the more contemporary Post Urbanist movement. The literature-based research revealed that a more inclusive approach toward New Urbanist and Post Urbanist design methodologies may also produce a more integrated and contemporary square. Three design case studies, using the redesign of Cathedral Square, were undertaken to test this hypothesis. The case studies found that overall, integration was reliant on a harmonious balance between the five integrative properties, concluding that squares can be better integrated with the contemporary city. Further testing of the third concept, which embraced an allied New Urbanist / Post Urbanist approach to design, found that New Urbanism was limited in its contribution toward the integration of the square.
Diverse Density proposes an alternative housing strategy to the idealistic top-down process of housing development. The term ‘Top – down’ refers to a situation in which decisions are made by a few people in authority rather than by the people who are affected by the decisions (Cambridge). Problems/Position/Question: New Zealand’s urban housing is in a period of flux. Pressures of densification have permitted the intervention of medium density housing development schemes but these are not always successful. These typically top-down processes often result in internally focused design schemes that do not adhere to their specific context. The subsequent design outcomes can cause detrimental impacts to the local, urban and architectural conditions. With vast quantities of council regulations, building restrictions and design guidelines clouding over the housing sector, commonly referred to as ‘red tape’, occupant participation in the housing development sector is dwindling. A boundless separation between top-down and traditional housing processes has occurred and our existing neighbourhoods and historic architectural character are taking on the brunt of the problem. The thought-provoking, alternative housings strategies of key research theorists Alejandro Aravena and John Habraken frame positions that challenge contemporary densification methods with an alternative strategy. This position is addressed by endeavoring to answer; How can demands for denser housing achieve dynamic design responses that adhere to changes in occupancy, function and local site conditions? Aim: The aim of this thesis is to challenge New Zealand’s current housing densification methods by proposing an alternative densification strategy. Explicit devotion will be attributed to opposing top-down building developments. Secondly, this thesis aims to test a speculative site-specific housing model. The implementation of a Christchurch housing scenario will situate an investigative study to test the strategy and its ability to stimulate greater diversity, site responsiveness, functional adaptability and occupancy permutation. The post-earthquake housing conditions of Christchurch provide an appropriate scenario to test and implement design-led investigations. Objectives: The primary objectives of this design-led research investigation it to challenge the idealistic top-down method of developing density with a new method to: - Develop contextual architectural cohesion - Encourage residential diversity - Reinvigorate architectural autonomy - Respond to, and recognise, existing site conditions - Develop a housing model that: - Adapts to occupant functionality preferences - Caters to occupancy diversity - Achieves contextual responsiveness The proposition is addressed through a speculative design-led scenario study. A well-established Christchurch urban environment is adopted to implement and critique the envisioned alternative strategy. Development of the designs responsiveness, adaptability, and functionality produce a prototype housing model that actively adheres to its particular context. Implication: The implications of this research would be an alternative densification strategy to perceive the advancement of punctual assessment of building compliance. With accelerated building processes, the research may have implications for addressing New Zealand’s housing crisis whilst simultaneously providing diverse, personable and responsive architectural solutions. A more dynamic, up-to-date and responsive housing development sector would be informed.
<b>Aotearoa has undoubtedly some of the most beautiful landscapes in the world, a privilege for its inhabitants. However, as our cities have developed post-colonisation, the connection between the natural environment and its occupants has diminished. Designers play a vital role within an ever evolving world to progress the built environment in a way that reflects and restores vital values that have been deprioritised. Future practice should prioritise diversity, care for the land, enhancement of community space, and sustainable practices.</b>
This research sets out to demonstrate that new design methodologies can encourage kaitiakitanga, whilst meeting the needs of urban public space. Initially through critical analysis and literature based research, a study of Ōtautahi Christchurch, the South Island’s largest city, was undertaken. The principles of a ‘15 minute city’ were also explored and applied to the city, establishing issues within the built environment that drove the overall research direction.
Through the tools of critical reflection and a research through design methodology, a design toolkit was constructed. This toolkit sets out to provide designers with a simple streamlined method of developing urban interventions that are sustainable and beneficial for human well-being. The toolkit incorporates an abstraction of the ‘15 minute city’ ideology and introduces the concepts of evolving green transportation routes within cities. Ōtautahi Christchurch, a city with a significant history of earthquake-caused damage, was chosen as the primary site for the application of this research’s proposed toolkit. The city becomes a canvas for an urban rebuild that explores and aims to set a precedent for a progressive 21st-century city.
A key finding as the toolkit research developed was the idea of a ‘temporary’ phase or intervention, being added to traditional design methodologies prior to permanent building. The research explains how this temporary phase could more actively engage diverse user groups and create active conversations between communities and designers.
The refined toolkit sets outs proposed timeline phases, methods of site analysis and development of design drivers. Alongside this, a modular architectural system establishes a design proposal for the temporary phase of an individual site within an evolving green route. This outcome provides further opportunity for realistic testing, which would actively involve communities and aims to shift our priorities within urban development. The introduction of the ‘temporary’ phase is beneficial in mitigating psychological implications on people and limiting physical impacts on the landscape.
The final design stage of the thesis applied the toolkit process to three sites in Ōtautahi Christchurch. Through a holistic lens, the toolkit framework set out methods to collate information that provides guidance for development on the sites. While some layers are initiated simply by recognising site characteristics, others are informed through software such as GIS.
Connected by a proposed green transport route, the three initial sites are developed with temporary interventions that utilise the modular design set out previously in the research. Contextualising the interventions on real world sites tested the flexibility of the system and allowed for critical reflection on the applicability of the toolkit to Aotearoa.
The research concludes by identifying future research opportunities and speculates on possible applications of its findings within the real world. Temporary Permanence highlights the significant role that we, as designers, have in shifting urban priorities to create more holistic, sustainable, and inclusive cities for people and the planet.
<b>In the late 1960s the Wellington City Council surveyed all the commercial buildings in the city and marked nearly 200 as earthquake prone. The owners were given 15 years to either strengthen or demolish their buildings. The end result was mass demolition throughout the seventies and eighties.¹ Prompted by the Christchurch earthquakes, once again the council has published a list of over 630 earthquake prone buildings that need to be strengthened or demolished by 2030.²Of these earthquake prone buildings, the majority were built between 1880 and 1930, with 125 buildings appearing on the Wellington City Council Heritage Building List.³ This list accounts for a significant proportion of character buildings in the city. There is a danger that the aesthetic integrity of our city will be further damaged due to the urgent need to strengthen these buildings. Many of the building owners are resistant because of the high cost. By adapting these buildings to house co-workspaces, we can gain more than just the retention of the building’s heritage. The seismic upgrade provides the opportunity for the office space to be redesigned to suit changes in the ways we work. Through a design-based research approach this thesis proposes a framework that clarifies the process of adapting Wellington’s earthquake prone heritage buildings to accommodate co-working. This framework deals with the key concepts of program, structure and heritage. The framework is tested on one of Wellington’s earthquake prone heritage buildings, the Wellington Working Men’s Club, in order to demonstrate what can be gained from this strengthening process. ¹ Reid, J., “Hometown Boomtown,” in NZ On Screen (Wellington, 1983).</b>
² Wellington City Council, List of Earthquake Prone Buildings as at 06/03/2017. (Wellington: Absolutely Positively Wellington. 2017).
³ ibid.
When the devastating 6.3 magnitude earthquake hit Christchurch, Aotearoa New Zealand, at 12.51pm on 22nd February 2011, the psychological and physical landscape was irrevocably changed. In the days and weeks following the disaster communities were isolated due to failed infrastructure, continuing aftershocks and the extensive search and rescue effort which focussed resources on the central business district. In such moments the resilience of a community is truly tested. This research discusses the role of grassroots community groups in facilitating community resilience during the Christchurch 2010/11 earthquakes and the role of place in doing so. I argue that place specific strategies for urban resilience need to be enacted from a grassroots level while being supported by broader policies and agencies. Using a case study of Project Lyttelton – a group aspiring towards a resilient sustainable future who were caught at the epicentre of the February earthquake – I demonstrate the role of a community group in creating resilience through self-organised place specific action during a disaster. The group provided emotional care, basic facilities and rebuilding assistance to the residents of Lyttelton, proving to be an invaluable asset. These actions are closely linked to the characteristics of social support and social learning that have been identified as important to socio-ecological resilience. In addition this research will seek to understand and explore the nuances of place and identity and its role in shaping resilience to such dis-placing events. Drawing on community narratives of the displacement of place identity, the potential for a progressive sense of place as instigated by local groups will be investigated as an avenue for adaptation by communities at risk of disaster and place destabilisation.
At the conclusion of the 2010 and 2011 Canterbury earthquakes more than 5100 homes had been deemed unsafe for habitation. The land and buildings of these were labelled “red zoned” and are too badly damaged for remediation. These homes have been demolished or are destined for demolition. To assist the red zone population to relocate, central government have offered to ‘buy out’ home owners at the Governmental Value (GV) that was last reviewed in 2007. While generous in the economic context at the time, the area affected was the lowest value land and housing in Christchurch and so there is a capital shortfall between the 2007 property value and the cost of relocating to more expensive properties. This shortfall is made worse by increasing present day values since the earthquakes. Red zone residents have had to relocate to the far North and Western extremities of Christchurch, and some chose to move even further to neighbouring towns or cities. The eastern areas and commercial centres close to the red zone are affected as well. They have lost critical mass which has negatively impacted businesses in the catchments of the Red Zone. This thesis aims to repopulate the suburbs most affected by the abandonment of the red zone houses. Because of the relative scarcity of sound building sites in the East and to introduce affordability to these houses, an alternative method of development is required than the existing low density suburban model. Smart medium density design will be tested as an affordable and appropriate means of living. Existing knowledge in this field will be reviewed, an analysis of what East Christchurch’s key characteristics are will occur, and an examination of built works and site investigations will also be conducted. The research finds that at housing densities of 40 units per hectare, the spatial, vehicle, aesthetic needs of East Christchurch can be accommodated. Centralising development is also found to offer better lifestyle choices than the isolated suburbs at the edges of Christchurch, to be more efficient using existing infrastructure, and to place less reliance on cars. Stronger communities are formed from the outset and for a full range of demographics. Eastern affordable housing options are realised and Christchurch’s ever expanding suburban tendencies are addressed. East Christchurch presently displays a gaping scar of devastated houses that ‘The New Eastside’ provides a bandage and a cure for. Displaced and dispossessed Christchurch residents can be re-housed within a new heart for East Christchurch.
“One of the most basic and fundamental questions in urban master planning and building regulations is ‘how to secure common access to sun, light and fresh air?” (Stromann-Andersen & Sattrup, 2011). Daylighting and natural ventilation can have significant benefits in office buildings. Both of these ‘passive’ strategies have been found to reduce artificial lighting and air-conditioning energy consumption by as much as 80% (Ministry for the Environment, 2008); (Brager, et al., 2007). Access to daylight and fresh air can also be credited with improved occupant comfort and health, which can lead to a reduction of employee absenteeism and an increase of productivity (Sustainability Victoria, 2008). In the rebuild of Christchurch central city, following the earthquakes of 2010 and 2011, Cantabrians have expressed a desire for a low-rise, sustainable city, with open spaces and high performance buildings (Christchurch City Council, 2011). With over 80% of the central city being demolished, a unique opportunity to readdress urban form and create a city that provides all buildings with access to daylight and fresh air exists. But a major barrier to wide-spread adoption of passive buildings in New Zealand is their dependence on void space to deliver daylight and fresh air – void space which could otherwise be valuable built floor space. Currently, urban planning regulations in Christchurch prioritize density, allowing and even encouraging low performance compact buildings. Considering this issue of density, this thesis aimed to determine which urban form and building design changes would have the greatest effect on building performance in Central City Christchurch. The research proposed and parametrically tested modifications of the current compact urban form model, as well as passive building design elements. Proposed changes were assessed in three areas: energy consumption, indoor comfort and density. Three computer programs were used: EnergyPlus was the primary tool, simulating energy consumption and thermal comfort. Radiance/Daysim was used to provide robust daylighting calculations and analysis. UrbaWind enabled detailed consideration of the urban wind environment for reliable natural ventilation predictions. Results found that, through a porous urban form and utilization of daylight and fresh air via simple windows, energy consumption could be reduced as much as 50% in buildings. With automatic modulation of windows and lighting, thermal and visual comfort could be maintained naturally for the majority of the occupied year. Separation of buildings by as little as 2m enabled significant energy improvements while having only minimal impact on individual property and city densities. Findings indicated that with minor alterations to current urban planning laws, all buildings could have common access to daylight and fresh air, enabling them to operate naturally, increasing energy efficiency and resilience.
In the aftermath of the 2011 earthquake, a state of polycentric urbanity was thrust upon New Zealand’s second largest city. As the city-centre lay in disrepair, smaller centres started to materialise elsewhere, out of necessity. Transforming former urban peripheries and within existing suburbs into a collective, dispersed alternative to the city centre, these sub-centres prompted a range of morphological, socio-cultural and political transformations, and begged multiple questions: how to imbue these new sub-centres with gravity? How to render them a genuine alternative to the CBD? How do they operate within the wider city? How to cope with the physical and cultural transformations of this shifting urbanscape and prevent them occurring ad lib? Indeed, the success and functioning of the larger urban structure hinges upon a critical, informed response to these sub-centre urban contexts. Yet, with an unrelenting focus on the CBD rebuild - effectively a polycentric denial - little such attention has been granted. Taking this urban condition as its premise and its provocation, this thesis investigates architecture’s role in the emergent sub-centre. It asks: what can architecture do in these urban contexts; how can architecture act upon the emergent sub-centre in a critical, catalytic fashion? Identifying this volatile condition as both an opportunity for architectural experimentation and a need for critical architectural engagement, this thesis seeks to explore the sub-centre (as an idea and actual urban context) as architecture’s project: its raison d’etre, impetus and aspiration. These inquiries are tested through design-led research: an initial design question provoking further, broader discursive research (and indeed, seeking broader implications). The first section is a site-specific, design for Sumner, Christchurch. Titled ‘An Agora Anew’; this project - both in conception and outcome - is a speculative response to a specific sub-centre condition. The second section ‘The Sub-centre as Architecture’s Project’ explores the ideas provoked by the design project within a discursive framework. Firstly it identifies the sub-centre as a context in desperate need of architectural attention (why architecture?); secondly, it negotiates a possible agenda for architecture in this context through terms of engagement that are formal, critical and opportunistic (how architecture?): enabling it to take a position on and in the sub-centre. Lastly, a critical exegesis positions the design in regards to the broader discursive debate: critiquing it an architectural project predicated upon the idea of the sub-centre. The implications of this design-led thesis are twofold: firstly, for architecture’s role in the sub-centre (especially to Christchurch); secondly for the possibilities of architecture’s productive engagement with the city (largely through architectural form), more generally. In a century where radical, new urban contexts (of which the sub-centre is just one) are commonplace, this type of thinking – what can architecture do in the city? - is imperative.
<strong>Sea level rise is one consequence of Earth’s changing climate. Century-long tide gauge records show that global-mean sea-level rise reached 11-16 cm during the twentieth century at a mean rate of 1.2 mm/y. Today, the average rate of global-mean sea-level rise is higher at 3-4 mm/y and is expected to increase in the future. This represents a hazard to low elevation coastal zones worldwide. Yet, before global sea level projections can be used to characterise future coastal flood hazard at a local scale, the effects of tectonics (and other processes) that drive vertical land motion (VLM) must be considered. VLM is defined as the vertical velocity (uplift or subsidence) of the solid surface with respect to the centre of Earth. In this study, new VLM maps are generated over coastal strips in New Zealand, using Sentinel-1 InSAR and GNSS data.</strong>In New Zealand, measuring VLM using InSAR on naturally vegetated or agricultural land is difficult due to signal decorrelation. Along the rural Bay of Plenty coastal strip, I use a persistent-scatterer approach to generate a VLM map from both east-looking ascending and west-looking descending Sentinel-1 data between 2015-2021. Using time-series data over the same time period from a dense network of 20 GNSS sensors, I tie InSAR-derived line-of-sight velocity to the 2014 ITRF reference frame. I test two different methods for measuring VLM and compare the results against GNSS vertical velocity along the Bay of Plenty coast. Best results are achieved by first removing the interpolated horizontal GNSS velocity field from each of the InSAR datasets, before averaging the two VLM estimates. Measured VLM is between -3 and 3 mm/y, with negative values (subsidence) occurring within the low-lying Rangitāiki Plain and Ōpōtiki valley, and uplift across the elevated region west of Matatā.This thesis integrates geomorphological, geological, and historical levelling VLM records with modern satellite datasets to assess VLM across timescales ranging from 10 to 100,000 years at Matatā. Uplift rate has been variable through time, with average uplift over the last 300,000 years of 1 mm/y, 4.5 mm/y since 1720 years, 2 mm/y between 1950-1978, and 10 mm/y between 2004-2011. Previous modelling has shown that the best fit to the 2004-2011 rapid uplift rates is an inflating magmatic source at ~10 km depth beneath Matatā. To reconcile all data, I present a VLM model that consists of short-lived periods (7 years) of rapid uplift (10 mm/y), separated by longer periods (30 years) of lower background uplift (3 mm/y). The episodic nature of VLM at Matatā likely reflects short-lived periods of magmatic intrusion. Episodic VLM characterised by large rates of uplift (10 mm/y) has been seen at Taupō volcano, and other volcanic centers globally. It has been 12 years since the end of the last intrusion episode; this modelling suggest one may expect to observe increased uplift rates at Matatā in the coming decades. Densely populated urban coastal strips are most at risk from the effects of relative sea-level rise. At the same time, anthropogenic activities associated with urbanization, such as groundwater withdrawal, and land reclamation can lead to local land subsidence (LLS), further exacerbating the risk to urban infrastructure. LLS refers to subsidence relative to nearby land area assumed to be stable. In this thesis, I create the first high-resolution (10 m) maps of LLS at six urban coastal strips in New Zealand, with a combined length of 285 km, using Sentinel-1 InSAR data between 2018-2021. This analysis reveals 89% of urban coastal strips are subsiding at rates of -0.5 mm/y or greater, and 11% is subsiding at higher rates of -3.0 mm/y or greater. On average, subsidence is -0.6 to -2.9 mm/y higher at the coastal strip, compared to inland areas occupied by GNSS stations. This analysis also documents highly-localised hotspots of LLS, with subsidence rates of up to -15 mm/y. In Christchurch, rapid and localised subsidence (-8 mm/y) is observed within coastal suburbs New Brighton and Southshore. In most cities, the highest subsidence rates occur on land reclaimed in the early-late twentieth century, and in areas built on Holocene sediment. Time-series analysis of LLS at sites of reclaimed land shows both linear and non-linear rates of deformation over time periods of up to 6-8 years. This thesis highlights the variable exposure to relative sea-level rise of New Zealand coastal strips, and demonstrates that in many cases current rates of VLM should be expected to continue for the next few decades.
