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.
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.
This dissertation explores the advocacy for the Christchurch Town Hall that occurred in 2012-2015 after the Canterbury Earthquakes. It frames this advocacy as an instance of collective-action community participation in a heritage decision, and explores the types of heritage values it expressed, particularly social values. The analysis contextualises the advocacy in post-quake Christchurch, and considers its relationship with other developments in local politics, heritage advocacy, and urban activism. In doing so, this dissertation considers how collective action operates as a form of public participation, and the practical implications for understanding and recognising social value. This research draws on studies of practices that underpin social value recognition in formal heritage management. Social value is held by communities outside institutions. Engaging with communities enables institutions to explore the values of specific places, and to realise the potential of activating local connections with heritage places. Such projects can be seen as participatory practices. However, these processes require skills and resources, and may not be appropriate for all places, communities and institutions. However, literature has understudied collective action as a form of community participation in heritage management. All participation processes have nuances of communities, processes, and context, and this dissertation analyses these in one case. The research specifically asked what heritage values (especially social values) were expressed through collective action, what the relationship was with the participation processes, communities, and wider situation that produced them, and the impact on institutional rhetoric and decisions. The research analysed values expressed in representations made to council in support of the Town Hall. It also used documentary sources and interviews with key informants to analyse the advocacy and decision-making processes and their relationships with the wider context and other grassroots activities. The analysis concluded that the values expressed intertwined social and professional values. They were related to the communities and circumstance that produced them, as an advocacy campaign for a civic heritage building from a Western architectural tradition. The advocacy value arguments were one of several factors that impacted the decision. They have had a lasting impact on rhetoric around the Town Hall, as was a heritage-making practice in its own right. This dissertation makes a number of contributions to the discussion of social value and community in heritage. It suggests connections between advocacy and participation perspectives in heritage. It recommends consideration of nuances of communities, context, and place meanings when using heritage advocacy campaigns as evidence of social value. It adds to the literature on heritage advocacy, and offers a focused analysis of one of many heritage debates that occurred in post-quake Christchurch. Ultimately, it encourages practice to actively integrate social and community values and to develop self-reflexive engagement and valuation processes. Despite inherent challenges, participatory processes offer opportunities to diversify understandings of value, co-produce heritage meanings with communities, and empower citizens in democratic processes around the places they live with and love.
<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.
We measure the longer-term effect of a major earthquake on the local economy, using night-time light intensity measured from space, and investigate whether insurance claim payments for damaged residential property affected the local recovery process. We focus on the destructive Christchurch earthquake of 2011 as our case study. In this event more than 95% of residential housing units were covered by insurance, but insurance payments were staggered over 5 years, enabling us to identify their local impact. We find that night-time luminosity can capture the process of recovery and describe the recovery’s determinants. We also find that insurance payments contributed significantly to the process of economic recovery after the earthquake, but delayed payments were less affective and cash settlement of claims were more affective in contributing to local recovery than insurance-managed rebuilding.
We estimate the causal effects of a large unanticipated natural disaster on high schoolers’ university enrolment decisions and subsequent medium-term labour market outcomes. Using national administrative data after a destructive earthquake in New Zealand, we estimate that the disaster raises tertiary education enrolment of recent high school graduates by 6.1 percentage points. The effects are most pronounced for males, students who are academically weak relative to their peers, and students from schools directly damaged by the disaster. As relatively low ability males are overrepresented in sectors of the labour market helped by the earthquake, greater demand for university may stem from permanent changes in deeper behavioural parameters such as risk aversion or time preference, rather than as a coping response to poor economic opportunities.
