INTRODUCTION This project falls under the Flagship 3: Wellington Coordinated Project. It supports other projects within FP3 to create a holistic understanding of risks posed by collapsed buildings due to future earthquake/s and the secondary consequences of cordoning in the short, mid and long term. Cordoning of the Christchurch CBD for more than two years and its subsequent implications on people and businesses had a significant impact on the recovery of Christchurch. Learning from this and experiences from the Kaikōura earthquake (where cordons were also established around selected buildings, Figure 3) have highlighted the need to understand the effects of cordons and plan for it before an earthquake occurs
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.
