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Research papers, Victoria University of Wellington

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.

Research papers, Victoria University of Wellington

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.