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.
Aotearoa has undoubtedly some of the most beautiful landscapes in the world, a privilege for its inhabitants. However, as our cities have developed post-colonisation, the connection between the natural environment and its occupants has diminished. Designers play a vital role within an ever evolving world to progress the built environment in a way that reflects and restores vital values that have been deprioritised. Future practice should prioritise diversity, care for the land, enhancement of community space, and sustainable practices. This research sets out to demonstrate that new design methodologies can encourage kaitiakitanga, whilst meeting the needs of urban public space. Initially through critical analysis and literature based research, a study of Ōtautahi Christchurch, the South Island’s largest city, was undertaken. The principles of a ‘15 minute city’ were also explored and applied to the city, establishing issues within the built environment that drove the overall research direction. Through the tools of critical reflection and a research through design methodology, a design toolkit was constructed. This toolkit sets out to provide designers with a simple streamlined method of developing urban interventions that are sustainable and beneficial for human well-being. The toolkit incorporates an abstraction of the ‘15 minute city’ ideology and introduces the concepts of evolving green transportation routes within cities. Ōtautahi Christchurch, a city with a significant history of earthquake-caused damage, was chosen as the primary site for the application of this research’s proposed toolkit. The city becomes a canvas for an urban rebuild that explores and aims to set a precedent for a progressive 21st-century city. A key finding as the toolkit research developed was the idea of a ‘temporary’ phase or intervention, being added to traditional design methodologies prior to permanent building. The research explains how this temporary phase could more actively engage diverse user groups and create active conversations between communities and designers. The refined toolkit sets outs proposed timeline phases, methods of site analysis and development of design drivers. Alongside this, a modular architectural system establishes a design proposal for the temporary phase of an individual site within an evolving green route. This outcome provides further opportunity for realistic testing, which would actively involve communities and aims to shift our priorities within urban development. The introduction of the ‘temporary’ phase is beneficial in mitigating psychological implications on people and limiting physical impacts on the landscape. The final design stage of the thesis applied the toolkit process to three sites in Ōtautahi Christchurch. Through a holistic lens, the toolkit framework set out methods to collate information that provides guidance for development on the sites. While some layers are initiated simply by recognising site characteristics, others are informed through software such as GIS. Connected by a proposed green transport route, the three initial sites are developed with temporary interventions that utilise the modular design set out previously in the research. Contextualising the interventions on real world sites tested the flexibility of the system and allowed for critical reflection on the applicability of the toolkit to Aotearoa. The research concludes by identifying future research opportunities and speculates on possible applications of its findings within the real world. Temporary Permanence highlights the significant role that we, as designers, have in shifting urban priorities to create more holistic, sustainable, and inclusive cities for people and the planet.
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?
