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.
Museums around the world are often affected by major catastrophes, and yet planning for these disasters is an often neglected aspect of museum practice. New Zealand is not immune from these events, as can be seen in the recent series of serious earthquakes in Christchurch in 2010 and 2011. This dissertation considers how prepared the New Zealand museum sector is to handle unexpected events that negatively affect its buildings, staff, operations and treasured collections. The central research question was: What is the overall state of emergency planning in the New Zealand museum sector? There was a significant gap in the literature, especially in the local context, as there has been only one other comparable study conducted in Britain, and nothing locally. This dissertation makes a valuable contribution to the field of museum studies by drawing on theory from relevant areas such as crises management literature and by conducting original empirical research on a topic which has received little attention hitherto. The research employed a number of methods, including a review of background secondary sources, a survey and interviews. After contextualising the study with a number of local examples, Ian online survey was then developed an which enabled precise understanding of the nature of current museum practices and policies around emergency planning. Following this I conducted several interviews with museum professionals from a variety of institutional backgrounds which explored their thoughts and feelings behind the existing practices within the industry. The findings of the research were significant and somewhat alarming: almost 40% of the museum and galleries in New Zealand do not have any emergency plan at all, and only 11% have what they considered ‘complete’ plans. The research revealed a clear picture of the current width and depth of planning, as well as practices around updating the plans and training related to them. Within the industry there is awareness that planning for emergencies is important, but museum staff typically lack the knowledge and guidance needed to conduct effective emergency planning. As a result of the analysis, several practical suggestions are presented aimed at improving emergency planning practices in New Zealand museums. However this study has implications for museum studies and for current museum practice everywhere, as many of the recommendations for resolving the current obstacles and problems are applicable anywhere in the world, suggesting that New Zealand museums could become leaders in this important area.
Wellington is located on a fault line which will inevitably, one day be impacted by a big earthquake. Due to where this fault line geographically sits, the central city and southern suburbs may be cut off from the rest of the region, effectively making these areas an ‘island’. This issue has absorbed a lot of attention, in particular at a large scale by many different fields: civil engineering, architecture, infrastructure planning & design, policymaking. Due to heightened awareness, and evolved school of practice, contemporary landscape architects deal with post-disaster design – Christchurch, NZ has seen this. A number of landscape architects work with nature, following increased application of ecological urbanism, and natural systems thinking, most notably at larger scales. To create parks that are designed to flood, or implement projects to protect shorelines. A form of resilience less often considered is how design for the small scale - people’s 1:1 relationship with their immediate context in exterior space - can be influential in forming a resilient response to the catastrophe of a major earthquake. This thesis intends to provide a response to address the shift of scales, as a paradigm for preparation and recovery. After a large-scale earthquake, state and civic policies and agencies may or subsequentially not go into action. The most important thinking and acting will be what happens in the minds, and the immediate needs, of each and every person; and how they act communally. This is considered in general social terms in state and civic education programmes of civil defence, for example, but much less considered in how the physical design of the actual spaces we inhabit day-to-day can educate us to be mentally prepared to help each other survive a catastrophe. Specifically, the identification of design of typologies can provide these educative functions. Typology inherently a physical form or manipulation of a generic and substantial prototype applicable in contexts is something that exists in the mind. Working with the physical and social appearance and experience of typologies can also/will change people’s minds. Socially, and economically driven, the community-building power of community gardening is well-proven and documented, and a noticeably large part of contemporary landscape architecture. The designs of this thesis will focus on community gardening specifically to form typologies of resilience preparation and response to disaster. The foundation will remain at the small scale of the local community. The specific question this thesis poses: Can we design local typologies in landscape architecture to integrate community gardens, with public space by preparing for and acting as recovery from a disaster?
<strong>Sea level rise is one consequence of Earth’s changing climate. Century-long tide gauge records show that global-mean sea-level rise reached 11-16 cm during the twentieth century at a mean rate of 1.2 mm/y. Today, the average rate of global-mean sea-level rise is higher at 3-4 mm/y and is expected to increase in the future. This represents a hazard to low elevation coastal zones worldwide. Yet, before global sea level projections can be used to characterise future coastal flood hazard at a local scale, the effects of tectonics (and other processes) that drive vertical land motion (VLM) must be considered. VLM is defined as the vertical velocity (uplift or subsidence) of the solid surface with respect to the centre of Earth. In this study, new VLM maps are generated over coastal strips in New Zealand, using Sentinel-1 InSAR and GNSS data.</strong>In New Zealand, measuring VLM using InSAR on naturally vegetated or agricultural land is difficult due to signal decorrelation. Along the rural Bay of Plenty coastal strip, I use a persistent-scatterer approach to generate a VLM map from both east-looking ascending and west-looking descending Sentinel-1 data between 2015-2021. Using time-series data over the same time period from a dense network of 20 GNSS sensors, I tie InSAR-derived line-of-sight velocity to the 2014 ITRF reference frame. I test two different methods for measuring VLM and compare the results against GNSS vertical velocity along the Bay of Plenty coast. Best results are achieved by first removing the interpolated horizontal GNSS velocity field from each of the InSAR datasets, before averaging the two VLM estimates. Measured VLM is between -3 and 3 mm/y, with negative values (subsidence) occurring within the low-lying Rangitāiki Plain and Ōpōtiki valley, and uplift across the elevated region west of Matatā.This thesis integrates geomorphological, geological, and historical levelling VLM records with modern satellite datasets to assess VLM across timescales ranging from 10 to 100,000 years at Matatā. Uplift rate has been variable through time, with average uplift over the last 300,000 years of 1 mm/y, 4.5 mm/y since 1720 years, 2 mm/y between 1950-1978, and 10 mm/y between 2004-2011. Previous modelling has shown that the best fit to the 2004-2011 rapid uplift rates is an inflating magmatic source at ~10 km depth beneath Matatā. To reconcile all data, I present a VLM model that consists of short-lived periods (7 years) of rapid uplift (10 mm/y), separated by longer periods (30 years) of lower background uplift (3 mm/y). The episodic nature of VLM at Matatā likely reflects short-lived periods of magmatic intrusion. Episodic VLM characterised by large rates of uplift (10 mm/y) has been seen at Taupō volcano, and other volcanic centers globally. It has been 12 years since the end of the last intrusion episode; this modelling suggest one may expect to observe increased uplift rates at Matatā in the coming decades. Densely populated urban coastal strips are most at risk from the effects of relative sea-level rise. At the same time, anthropogenic activities associated with urbanization, such as groundwater withdrawal, and land reclamation can lead to local land subsidence (LLS), further exacerbating the risk to urban infrastructure. LLS refers to subsidence relative to nearby land area assumed to be stable. In this thesis, I create the first high-resolution (10 m) maps of LLS at six urban coastal strips in New Zealand, with a combined length of 285 km, using Sentinel-1 InSAR data between 2018-2021. This analysis reveals 89% of urban coastal strips are subsiding at rates of -0.5 mm/y or greater, and 11% is subsiding at higher rates of -3.0 mm/y or greater. On average, subsidence is -0.6 to -2.9 mm/y higher at the coastal strip, compared to inland areas occupied by GNSS stations. This analysis also documents highly-localised hotspots of LLS, with subsidence rates of up to -15 mm/y. In Christchurch, rapid and localised subsidence (-8 mm/y) is observed within coastal suburbs New Brighton and Southshore. In most cities, the highest subsidence rates occur on land reclaimed in the early-late twentieth century, and in areas built on Holocene sediment. Time-series analysis of LLS at sites of reclaimed land shows both linear and non-linear rates of deformation over time periods of up to 6-8 years. This thesis highlights the variable exposure to relative sea-level rise of New Zealand coastal strips, and demonstrates that in many cases current rates of VLM should be expected to continue for the next few decades.
