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.
Measurement of basement seismic resonance frequencies can elucidate shallow velocity structure, an important factor in earthquake hazard estimation. Ambient noise cross correlation, which is well-suited to studying shallow earth structure, is commonly used to analyze fundamental-mode Rayleigh waves and, increasingly, Love waves. Here we show via multicomponent ambient noise cross correlation that the basement resonance frequency in the Canterbury region of New Zealand can be straightforwardly determined based on the horizontal to vertical amplitude ratio (H/V ratio) of the first higher-mode Rayleigh waves. At periods of 1-3 s, the first higher-mode is evident on the radial-radial cross-correlation functions but almost absent in the vertical-vertical cross-correlation functions, implying longitudinal motion and a high H/V ratio. A one-dimensional regional velocity model incorporating a ~ 1.5 km-thick sedimentary layer fits both the observed H/V ratio and Rayleigh wave group velocity. Similar analysis may enable resonance characteristics of other sedimentary basins to be determined. © 2013. American Geophysical Union. All Rights Reserved.
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.
This project looks at how destroyed architecture, although physically lost, fundamentally continues to exist within human memories as a non-physical entity. The site chosen is Avonside Girls’ High School in Christchurch, New Zealand, a school heavily damaged during the February 22nd earthquake in 2011. The project focuses on the Main Block, a 1930s masonry building which had always been a symbol for the school and its alumni. The key theories relevant to this are studies on non-material architecture and memory as these subjects investigate the relationship between conceptual idea and the triggering of it. This research aims to study how to fortify a thought-based architecture against neglect, similar to the retrofitting of physical structures. In doing so, the importance of the emotive realm of architecture and the idea behind a building (as opposed to the built component itself) is further validated, promoting more broadminded stances regarding the significance of the idea over the object. A new method for disaster recovery and addressing trauma from lost architecture is also acquired. Factors regarding advanced structural systems and programmes are not covered within the scope of this research because the project instead explores issues regarding the boundaries between the immaterial and material. The project methodology involves communicating a narrative derived from the memories alumni and staff members have of the old school block. The approach for portraying the narrative is based on a list of strategies obtained from case studies. The final product of the research is a new design for the high school, conveyed through a set of atmospheric drawings that cross-examines the boundaries between the physical and non-physical realms by representing the version of the school that exists solely within memories.
A Line of Best Fit explores weakness and disconnection in the city. Weakness: There are over 600 earthquake prone buildings in Wellington. The urgency to strengthen buildings risks compromising the aesthetic integrity of the city through abrasive strengthening techniques, or losing a large portion of our built environment to demolition. The need for extensive earthquake strengthening in Wellington, Christchurch and other New Zealand cities provides an exciting opportunity for architecture. Disconnection: In Wellington pedestrian activity is focused around three main routes: Cuba Street, Lambton Quay and Courtney Place. The adjacent areas are often disconnected and lack vibrancy due to large building footprints, no-exit laneways and lack of public spaces. The Design proposes a strategy for earthquake strengthening, preserving and upgrading the built environment, and expanding and connecting the pedestrian realm. The site is two earthquake prone buildings on the block between Marion Street and Taranaki Street in central Wellington. A cut through the centre of the Aspro and Cathie Buildings ties the buildings together to strengthen and create a new arcade as public space. The cut aligns with existing pedestrian routes connecting the block with the city. The Design is divided into three components: Void, Curve, and Pattern and Structure. Void investigates the implications of cutting a portion out the existing buildings and the opportunities this provides for connection, urban interaction, and light. Curve discusses the unusual form of The Design in terms of scale, the human response and the surrounding spaces. Pattern and Structure considers the structural requirements of the project and how a void enveloped in perforated screens can strengthen the earthquake prone buildings. The importance of connection, providing strength in the city, a dialogue between old and new, and engagement with the unexpected are evaluated. Opportunities for further development and research are discussed, with particular reference to how the principles of The Design could be implemented on a larger scale throughout our cities. A Line of Best Fit is an architectural proposal that creates strength and connection.
