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.
Christchurch was struck by a 6.3 magnitude earthquake on the 22 February 2011. The quake devastated the city, taking lives and causing widespread damage to the inner city and suburban homes. The central city lost over half its buildings and over 7000 homes were condemned throughout Christchurch. The loss of such a great number of homes has created the requirement for new housing to replace those that were lost. Many of which were located in the eastern, less affluent, suburbs. The response to the housing shortage is the planned creation of large scale subdivisions on the outskirts of the city. Whilst this provides the required housing it creates additional sprawl to a city that does not need it. The extension of Christchurch’s existing suburban sprawl puts pressure on roading and pushes residents further out of the city, creating a disconnection between them. Christchurch’s central city had a very small residential population prior to the earthquakes with very few options for dense inner city living. The proposed rebuild of the inner city calls for a new ‘dense, vibrant and diverse central hub’. Proposing the introduction of new residential units within the central city. However the placement of the low-rise housing in a key attribute of the rebuild, the eastern green ‘Frame’, diminishes its value as open green space. The proposed housing will also be restrictive in its target market and therefore the idea of a ‘vibrant’ inner city is difficult to achieve. This thesis acts as response to the planned rebuild of inner Christchurch. Proposing the creation of a model for inner city housing which provides an alternative option to the proposed housing and existing and ongoing suburban sprawl. The design options were explored through a design-led process were the options were critiqued and developed. The ‘final’ proposal is comprises of three tall towers, aptly named the Triple Towers, which condense the proposed low-rise housing from an 11000 square metre footprint to combined footprint of 1500 square metres. The result is an expansion of the publicly available green space along the proposed eastern frame of the city. The height of the project challenges the height restrictions and is provocative in its proposal and placement. The design explores the relationships between the occupants, the building, the ‘Frame’ and the central city. The project is discussed through an exploration of the architecture of Rem Koolhaas, Renzo Piano and Oscar Niemeyer. Rather than their architecture being taken as a direct influence on which the design is based the discussion revolves around how and why each piece of comparative architecture is relevant to the designs desired outcome.
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.
