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.
Rapid, reliable information on earthquake-affected structures' current damage/health conditions and predicting what would happen to these structures under future seismic events play a vital role in accelerating post-event evaluations, leading to optimized on-time decisions. Such rapid and informative post-event evaluations are crucial for earthquake-prone areas, where each earthquake can potentially trigger a series of significant aftershocks, endangering the community's health and wealth by further damaging the already-affected structures. Such reliable post-earthquake evaluations can provide information to decide whether an affected structure is safe to stay in operation, thus saving many lives. Furthermore, they can lead to more optimal recovery plans, thus saving costs and time. The inherent deficiency of visual-based post-earthquake evaluations and the importance of structural health monitoring (SHM) methods and SHM instrumentation have been highlighted within this thesis, using two earthquake-affected structures in New Zealand: 1) the Canterbury Television (CTV) building, Christchurch; 2) the Bank of New Zealand (BNZ) building, Wellington. For the first time, this thesis verifies the theoretically- and experimentally validated hysteresis loop analysis (HLA) SHM method for the real-world instrumented structure of the BNZ building, which was damaged severely due to three earthquakes. Results indicate the HLA-SHM method can accurately estimate elastic stiffness degradation for this reinforced concrete (RC) pinched structure across the three earthquakes, which remained unseen until after the third seismic event. Furthermore, the HLA results help investigate the pinching effects on the BNZ building's seismic response. This thesis introduces a novel digital clone modelling method based on the robust and accurate SHM results delivered by the HLA method for physical parameters of the monitored structure and basis functions predicting the changes of these physical parameters due to future earthquake excitations. Contrary to artificial intelligence (AI) based predictive methods with black-box designs, the proposed predictive method is entirely mechanics-based with an explicitly-understandable design, making them more trusted and explicable to stakeholders engaging in post-earthquake evaluations, such as building owners and insurance firms. The proposed digital clone modelling framework is validated using the BNZ building and an experimental RC test structure damaged severely due to three successive shake-table excitations. In both structures, structural damage intensifies the pinching effects in hysteresis responses. Results show the basis functions identified from the HLA-SHM results for both structures under Event 1 can online estimate structural damage due to subsequent Events 2-3 from the measured structural responses, making them valuable tool for rapid warning systems. Moreover, the digital twins derived for these two structures under Event 1 can successfully predict structural responses and damage under Events 2-3, which can be integrated with the incremental dynamic analysis (IDA) method to assess structural collapse and its financial risks. Furthermore, it enables multi-step IDA to evaluate earthquake series' impacts on structures. Overall, this thesis develops an efficient method for providing reliable information on earthquake-affected structures' current and future status during or immediately after an earthquake, considerably guaranteeing safety. Significant validation is implemented against both experimental and real data of RC structures, which thus clearly indicate the accurate predictive performance of this HLA-based method.
This paper presents site-specific and spatially-distributed ground-motion intensity estimates which have been utilized in the aftermath of the 2010-2011 Canterbury, New Zealand earthquakes. The methodology underpinning the ground motion intensity estimation makes use of both prediction models for ground motion intensity and its within-event spatial correlation. A key benefit of the methodology is that the estimated ground motion intensity at a given location is not a single value but a distribution of values. The distribution is comprised of both a mean and standard deviation, with the standard deviation being a function of the distance to nearby observations at strong motion stations. The methodology is illustrated for two applications. Firstly, maps of conditional peak ground acceleration (PGA) have been developed for the major events in the Canterbury earthquake sequence, which among other things, have been utilized for assessing liquefaction triggering susceptibility of land in residential areas. Secondly, the conditional distribution of response spectral ordinates is obtained at the location of the Canterbury Television building (CTV), which catastrophically collapsed in the 22 February 2011 earthquake. The conditional response spectra provide insight for the selection of ground motion records for use in forensic seismic response analyses of important structures at locations where direct recordings are absent.
